Download or read book The Proposed Nordic Saami Convention written by Nigel Bankes and published by Bloomsbury Publishing. This book was released on 2013-01-31 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005 an expert group representing the governments of Norway, Sweden and Finland, and the Saami parliaments of these countries agreed upon a draft text of a Nordic Saami Convention. Key parts of the text deal with the recognition of Saami land and resource rights. More recently the three governments have embarked on negotiations to move from this draft text to a final convention that may be adopted and ratified by all three countries. Negotiations commenced in the Spring of 2011 and should be completed within five years. This collection of essays explores the national and international dimensions of indigenous property rights and the draft Convention which recognises the Saami as one people divided by international boundaries. Part one of the book seeks to provide a global and theoretical context for these developments in the Nordic countries, with a series of essays dealing with the moral and legal reasons for recognising indigenous property interests and different conceptualisations of the relationship between indigenous peoples and settler societies, including recognition, reconciliation and pluralism. Part two of the book examines some international legal issues associated with the Convention, including the background to the Convention. Part three turns to examine aspects of the recognition of Saami property interests in each of the three Nordic states, while Part four provides some comparative experiences, examining the recognition of indigenous property rights in a number of jurisdictions, including Canada, Australia and a number of South American states. An additional essay considers gender issues in relation to indigenous property rights.

Download or read book The Proposed Nordic Saami Convention written by Nigel Bankes and published by Bloomsbury Publishing. This book was released on 2013-01-31 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005 an expert group representing the governments of Norway, Sweden and Finland, and the Saami parliaments of these countries agreed upon a draft text of a Nordic Saami Convention. Key parts of the text deal with the recognition of Saami land and resource rights. More recently the three governments have embarked on negotiations to move from this draft text to a final convention that may be adopted and ratified by all three countries. Negotiations commenced in the Spring of 2011 and should be completed within five years. This collection of essays explores the national and international dimensions of indigenous property rights and the draft Convention which recognises the Saami as one people divided by international boundaries. Part one of the book seeks to provide a global and theoretical context for these developments in the Nordic countries, with a series of essays dealing with the moral and legal reasons for recognising indigenous property interests and different conceptualisations of the relationship between indigenous peoples and settler societies, including recognition, reconciliation and pluralism. Part two of the book examines some international legal issues associated with the Convention, including the background to the Convention. Part three turns to examine aspects of the recognition of Saami property interests in each of the three Nordic states, while Part four provides some comparative experiences, examining the recognition of indigenous property rights in a number of jurisdictions, including Canada, Australia and a number of South American states. An additional essay considers gender issues in relation to indigenous property rights.

Download or read book The Arctic in International Law and Policy written by Kristina Schönfeldt and published by Bloomsbury Publishing. This book was released on 2017-08-24 with total page 1675 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Arctic is an increasingly important region faced with major challenges caused not only by the effects of climate change, but also by a growing interest in its living and non-living resources, its attraction as a new destination for tourism, and as a route for navigation. It is not only the eight Arctic States that have paid an increased level of attention to the region; several non-Arctic actors from Asia and Europe also seek to gain more influence in the High North. At the same time, the evolving law and policy architecture for the Arctic region has recently played a more prominent role in the political and academic debate. Unlike Antarctica, where the coherent Antarctic Treaty System governs international cooperation, the legal regime of Arctic affairs is based on public international law, domestic law, and 'soft law'. These three pillars intersect and interact making Arctic governance multi-faceted and highly complex. This book provides an analytical introduction, a chronology of legally relevant events, and a selection of essential materials covering a wide range of issues-eg delineation and delimitation of maritime boundaries, environmental protection, indigenous peoples' rights, shipping, and fisheries. Included are multilateral and bilateral treaties, UN documents, official statements, informal instruments, domestic laws, and diplomatic correspondence.

Download or read book Indigenous Peoples Cultural Heritage written by Alexandra Xanthaki and published by BRILL. This book was released on 2017-10-17 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage. Human rights scholars talked about the inability of current international law to fully address the injustices towards indigenous communities. Representatives of International organisations discussed new positive developments. This wealth of experiences, materials, ideas and knowledge is contained in this important volume.

Download or read book Indigenous Rights in Scandinavia written by Christina Allard and published by Routledge. This book was released on 2016-05-23 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to the international debate on Indigenous Peoples Law, containing both in-depth research of Scandinavian historical and legal contexts with respect to the Sami and demonstrating current stances in Sami Law research. In addition to chapters by well-known Scandinavian experts, the collection also comments on the legal situation in Norway, Sweden and Finland in relation to other jurisdictions and indigenous peoples, in particular with experiences and developments in Canada and New Zealand. The book displays the current research frontier among the Scandinavian countries, what the present-day issues are and how the nation states have responded so far to claims of Sami rights. The study sheds light on the contrasts between the three countries on the one hand, and between Scandinavia, Canada and New Zealand on the other, showing that although there are obvious differences, for instance related to colonisation and present legal solutions, there are also shared experiences among the indigenous peoples and the States. Filling a gap in an under-researched area of Sami rights, this book will be a valuable resource for academics, researchers and policy-makers with an interest in Indigenous Peoples Law and comparative research.

Download or read book The Interpretation and Application of the European Convention of Human Rights written by Malgosia Fitzmaurice and published by Martinus Nijhoff Publishers. This book was released on 2012-11-30 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, the aim is to offer a two-pronged approach on the effect that the ECHR has in the field of human rights as well as in other areas of international law. The first part explores general and theoretical aspects of the application of the ECHR, such as provisional apllication, norm-conflict resolution, the interplay between human rights and occupation law. The second Part, building on the research and conclusions of the first Part, examines the amphidromous relationship of the ECHR with other areas of law. Since no branch of international law exists in "clinical isolation", this Part analyses the effects that the ECHR has on and is recipient of, from a variety of diverse areas of law such as law of the sea, investment law and rights of indigenous peoples.

Download or read book Self Determination as Voice written by Natalie Jones and published by Cambridge University Press. This book was released on 2024-01-18 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Self-Determination as Voice addresses the relationship between Indigenous peoples' participation in international governance and the law of self-determination. Many states and international organizations have put in place institutional mechanisms for the express purpose of including Indigenous representatives in international policy-making and decision-making processes, as well as in the negotiation and drafting of international legal instruments. Indigenous peoples' rights have a higher profile in the UN system than ever before. This book argues that the establishment and use of mechanisms and policies to enable a certain level of Indigenous peoples' participation in international governance has become a widespread practice, and perhaps even one that is accepted as law. In theory, the law of self-determination supports this move, and it is arguably emerging as a rule of customary international law. However, ultimately the achievement of the ideal of full and effective participation, in a manner that would fulfil Indigenous peoples' right to self-determination, remains deferred.

Download or read book Climate Governance in the Arctic written by Timo Koivurova and published by Springer Science & Business Media. This book was released on 2010-03-12 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate change is affecting the Arctic environment and ecosystems at an accelerating speed, twice the rate of the global average. This is opening the Arctic to transportation and resource development and creating serious challenges for local communities and indigenous peoples. Climate Governance in the Arctic considers two aspects of climate change from an institutional perspective. It focuses on how relevant regimes, institutions and governance systems support mitigation of climate change. It also examines the extent to which the varying governance arrangements in the Arctic support adaptation and the development of adaptation processes for the region. The book’s focus on Arctic governance offers unique insights within climate change mitigation and adaptation research.

Download or read book Restructuring Relations written by Rauna Kuokkanen and published by Oxford University Press. This book was released on 2019-03-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopted in 2007, the UN Declaration on the Rights of Indigenous Peoples establishes self-determination--including free, prior, and informed consent--as a foundational right and principle. Self-determination, both individual and collective, is among the most important and pressing issues for Indigenous women worldwide. Yet Indigenous women's interests have been overlooked in the formulation of Indigenous self-government, and existing studies of Indigenous self-government largely ignore issues of gender. As such, the current literature on Indigenous governance conceals patriarchal structures and power that create barriers for women to resources and participation in Indigenous societies. Drawing on Indigenous and feminist political and legal theory--as well as extensive participant interviews in Canada, Greenland, and Scandinavia-- this book argues that the current rights discourse and focus on Indigenous-state relations is too limited in scope to convey the full meaning of "self-determination" for Indigenous peoples. The book conceptualizes self-determination as a foundational value informed by the norm of integrity and suggests that Indigenous self-determination cannot be achieved without restructuring all relations of domination nor can it be secured in the absence of gender justice. As a foundational value, self-determination seeks to restructure all relations of domination, not only hegemonic relations with the state. Importantly, it challenges the opposition between "self-determination" and "gender" created and maintained by international law, Indigenous political discourse, and Indigenous institutions. Restructuring relations of domination further entails examining the gender regimes present in existing Indigenous self-government institutions, interrogating the relationship between Indigenous self-determination and gender violence, and considering future visions of Indigenous self-determination, such as rematriation of Indigenous governance and an independent statehood.

Download or read book The UN Declaration on the Rights of Indigenous Peoples written by Jessie Hohmann and published by Oxford University Press. This book was released on 2018-03-09 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples

Download or read book Reflections on the UN Declaration on the Rights of Indigenous Peoples written by Stephen Allen and published by Bloomsbury Publishing. This book was released on 2011-01-12 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations General Assembly on 13 September 2007 was acclaimed as a major success for the United Nations system given the extent to which it consolidates and develops the international corpus of indigenous rights. This is the first in-depth academic analysis of this far-reaching instrument. Indigenous representatives have argued that the rights contained in the Declaration, and the processes by which it was formulated, obligate affected States to accept the validity of its provisions and its interpretation of contested concepts (such as 'culture', 'land', 'ownership' and 'self-determination'). This edited collection contains essays written by the main protagonists in the development of the Declaration; indigenous representatives; and field-leading academics. It offers a comprehensive institutional, thematic and regional analysis of the Declaration. In particular, it explores the Declaration's normative resonance for international law and considers the ways in which this international instrument could catalyse institutional action and influence the development of national laws and policies on indigenous issues.

Download or read book Critical Indigenous Rights Studies written by Giselle Corradi and published by Routledge. This book was released on 2018-08-17 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of ‘critical indigenous rights studies’ is a complex one that benefits from an interdisciplinary perspective and a realist (as opposed to an idealised) approach to indigenous peoples. This book draws on sociology of law, anthropology, political sciences and legal sciences in order to address emerging issues in the study of indigenous rights and identify directions for future research. The first part of the volume investigates how changing identities and cultures impact rights protection, analysing how policies on development and land, and processes such as migration, interrelate with the mobilisation of identities and the realisation of rights. In the second part, new approaches related to indigenous peoples’ rights are scrutinised as to their potential and relevance. They include addressing legal tensions from an indigenous peoples’ rights perspective, creating space for counter-narratives on international law and designing new instruments. Throughout the text, case studies with wide geographical scope are presented, ranging from Latin America (the book’s focus) to Egypt, Rwanda and Scandinavia.

Download or read book Making Peoples Heard written by Asbjørn Eide and published by BRILL. This book was released on 2011-06-22 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading theme in this impressive collection of essays in honour of Professor Gudmundur Alfredsson is the advancement of international rules and mechanisms to empower individuals, groups and peoples everywhere to pursue their rights nationally, regionally and internationally. The book deals with the many areas of international law and national policies and practices in which important progress has been made since the adoption of the Universal Declaration of Human Rights for better protection of human rights in the modern world. It equally provides a critical discussion of the difficulties and failures in various areas and probes questions and issues that are pending solution at the national, regional or universal levels. The book begins with the examination by several authors from their different perspectives (general international law, international human rights law and humanitarian law) of the existence and meaning of the right to peace. Subsequent chapters examine in detail the standard setting, monitoring and other ways of ensuring compliance by States and international organizations with the applicable human rights rules. A special chapter is devoted to the rights of indigenous peoples and minorities, an issue of particular interest and concern to Gudmundur Alfredsson. The contributors are academics or practitioners in the field of international law and human rights, nearly all of whom having in their own work been closely associated with Professor Alfredsson's various projects aimed at the promotion and protection of human rights. "This is a remarkable book, written by insiders for one of the most prominent players in the international human rights system, particularly at the UN level. It can serve as a genuine commentary on many of the most burning issues within that system, ranging from the performance of the UN Human Rights Council and the situation of "UNmikistan" (Kosovo) to the latest developments of the law on minorities and indigenous peoples, both at the global and regional level." H.E. Judge Bruno Simma, International Court of Justice.

Download or read book The High North written by Ryszard M. Czarny and published by Springer. This book was released on 2015-08-06 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the transformation of the Arctic from an isolated or a distant region to a member of the global community, vulnerable to global changes, and an area frequently in the very center of the world’s attention. Increased global interest is a potential source of tensions between the need for exploration or exploitation, and the requirements of protection. This context calls for new data, knowledge and information vital for a better understanding of interactions between different systems, as well as developing awareness about the current and potential changes in the future. The objective of the book is to help develop a strategy of adaptation to climate change based on the knowledge and experience of the extremely effective mechanisms which for centuries made survival possible in this region.

Download or read book 2021 Global Community Yearbook of International Law and Jurisprudence written by Ziccardi Capaldo and published by Oxford University Press. This book was released on 2022-10-14 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Routledge Handbook of Indigenous Peoples in the Arctic written by Timo Koivurova and published by Routledge. This book was released on 2020-12-03 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook brings together the expertise of Indigenous and non-Indigenous scholars to offer a comprehensive overview of issues surrounding the well-being, self-determination and sustainability of Indigenous peoples in the Arctic. Offering multidisciplinary insights from leading figures, this handbook highlights Indigenous challenges, approaches and solutions to pressing issues in Arctic regions, such as a warming climate and the loss of biodiversity. It furthers our understanding of the Arctic experience by analyzing how people not only survive but thrive in the planet’s harshest climate through their innovation, ingenuity and agency to tackle rapidly changing environments and evolving political, social, economic and cultural conditions. The book is structured into three distinct parts that cover key topics in recent and future research with Indigenous Peoples in the Arctic. The first part examines the diversity of Indigenous peoples and their cultural expressions in the different Arctic states. It also focuses on the well-being of Indigenous peoples in the Arctic regions. The second part relates to the identities and livelihoods that Indigenous peoples in Arctic regions derive from the resources in their environments. This interconnection between resources and people’s identities underscores their entitlements to use their lands and resources. The third and final part provides insights into the political involvement of Indigenous peoples from local all the way to the international level and their right to self-determination and some of the recent related topics in this field. This book offers a novel contribution to Arctic studies, empowering Indigenous research for the future and rebuilding the image of Indigenous peoples as proactive participants, signaling their pivotal role in the co-production of knowledge. It will appeal to scholars and students of law, political sciences, geography, anthropology, Arctic studies and environmental studies, as well as policy-makers and professionals.

Download or read book International Law and the Arctic written by Michael Byers and published by Cambridge University Press. This book was released on 2013-08 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sets out the international law relevant to the Arctic, from indigenous peoples to environmental protection to oil and gas exploration.