Indigenous Peoples in International Law


Author: S. James Anaya
Publisher: Oxford University Press, USA
ISBN: 9780195173505
Category: Law
Page: 396
View: 7626

Continue Reading →

In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.

Indigenous Peoples in International Law


Author: S. James Anaya
Publisher: Oxford University Press, USA
ISBN: 0195140451
Category: Law
Page: 267
View: 3459

Continue Reading →

This book provides a theoretically grounded and practically oriented synthesis of the international law of indigenous peoples. Against a historical background, James Anaya discusses a new generation of international treaty and customary norms, within international law's human rights program, concerning groups that are descended from the original inhabitants of lands now dominated by others. Anaya further identifies and analyzes institutions and procedures, both at the domestic and international levels, for implementing international norms concerning indigenous peoples.

The Rights of Indigenous Peoples in International Law

Selected Essays on Self-determination
Author: Ruth Thompson
Publisher: [Saskatoon] : University of Saskatchewan, Native Law Centre
ISBN: N.A
Category: Autochtones
Page: 68
View: 8847

Continue Reading →

Six essays in which specialists in international law examine indigenous peoples' right to self-determination from different perspectives, most of which were first presented at the International Conference on Aboriginal Rights and World Public Order organized by Carleton University and held in Ottawa in 1983. Where possible, updating information has been provided in editor's notes.

Towards International Personality

The Position of Minorities and Indigenous Peoples in International Law
Author: Anna Meijknecht
Publisher: Intersentia nv
ISBN: 905095166X
Category: Law
Page: 271
View: 3413

Continue Reading →

2.3. Dualism and Monism

Indigenous Peoples as Subjects of International Law


Author: Irene Watson
Publisher: Taylor & Francis
ISBN: 1317240669
Category: Law
Page: 226
View: 1012

Continue Reading →

For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.

Minorities, Peoples And Self-determination

Essays In Honour Of Patrick Thornberry
Author: Nazila Ghanea-Hercock,Alexandra Xanthaki,Patrick Thornberry
Publisher: Martinus Nijhoff Publishers
ISBN: 9004143017
Category: Social Science
Page: 352
View: 9826

Continue Reading →

This volume presents new thinking on minority and indigenous rights in international law. Debates that receive attention in this volume include self-determination, definitional issues, collective rights and rights to natural resources. Other chapters unravel challenges that have not attracted sufficient attention to date, such as multiculturalism, integration, colour as a ground for discrimination and the economic and social rights of minorities. The volume also looks critically at the work of the World Bank, the African Union, the Council of Europe and the OSCE in this arena. Finally, case studies highlight the regrettable similarities in the suffering of groups in different parts of the world as well as the stark contrast between state claims and their actual practice.

Reparations for Indigenous Peoples

International and Comparative Perspectives
Author: Federico Lenzerini
Publisher: Oxford University Press
ISBN: 0199235600
Category: Law
Page: 650
View: 4059

Continue Reading →

In this book, a group of renowned legal experts and activists investigate the right of indigenous peoples to reparations for breaches of their individual and collective rights.

Indigenous Peoples and Human Rights


Author: Patrick Thornberry
Publisher: Manchester University Press
ISBN: 1847795145
Category: Law
Page: 288
View: 3338

Continue Reading →

This book is a full-length study of the rights of indigenous peoples in international law, focusing in particular on instruments of human rights. The primary reference point is contemporary law, though the book also examines the history of indigenous peoples through the lens of historical legal discourses. The work critically assesses the politics of definition and analyses contested definitions and descriptions of indigenous groups. Most of the chapters are devoted to detailed examination of existing and emerging human rights texts at global and regional levels. Among the instruments considered in the book are the International Covenants on Human Rights, the UN Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Racial Discrimination, the African Charter on Human and People's Rights, and the ILO Conventions on Indigenous and Tribal Peoples.

Indigenous Peoples' Land Rights under International Law

From Victims to Actors. Second Revised Edition
Author: Jérémie Gilbert
Publisher: BRILL
ISBN: 9004323252
Category: Political Science
Page: 350
View: 9470

Continue Reading →

This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements.

Indigenous Peoples and Human Rights

International and Regional Jurisprudence
Author: Ben Saul
Publisher: Bloomsbury Publishing
ISBN: 1782252282
Category: Law
Page: 248
View: 7133

Continue Reading →

Indigenous Peoples and Human Rights explores how general human rights standards have enabled, empowered and constrained indigenous peoples in claiming and defending their essential economic, social, cultural, civil and political interests. The book examines the jurisprudence of United Nations treaty committees and regional human rights bodies (in Africa, the Americas and Europe) that have interpreted and applied human rights standards to the special circumstances and experiences of indigenous peoples. It focuses particularly on how human rights laws since the 1960s have been drawn upon by indigenous activists and victims to protect their interests in ancestral lands, natural resources, culture and language. It further explores the right to indigenous self-determination; civil and political rights; economic, social and cultural rights (including labour rights); family and children's rights; violence and discrimination against indigenous peoples; and access to justice and remedies for violations. The book also discusses international and regional efforts to define who is 'indigenous' and who is a 'minority', and the legal relationship between indigenous individuals and their communities. The jurisprudence considered in this book significantly shaped the UN Declaration on the Rights of Indigenous Peoples 2007, which particularises and adapts general human rights standards for indigenous peoples. The book concludes by exploring future normative and implementation challenges in the light of the standard setting and consolidation, and political momentum, surrounding the UN Declaration and associated UN human rights mechanisms.

Reflections on the UN Declaration on the Rights of Indigenous Peoples


Author: Stephen Allen,Alexandra Xanthaki
Publisher: Bloomsbury Publishing
ISBN: 1847316239
Category: Law
Page: 620
View: 1048

Continue Reading →

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.

Transforming Law and Institution

Indigenous Peoples, the United Nations and Human Rights
Author: Rhiannon Morgan
Publisher: Routledge
ISBN: 1317007573
Category: Political Science
Page: 214
View: 3300

Continue Reading →

In the past thirty or so years, discussions of the status and rights of indigenous peoples have come to the forefront of the United Nations human rights agenda. During this period, indigenous peoples have emerged as legitimate subjects of international law with rights to exist as distinct peoples. At the same time, we have witnessed the establishment of a number of UN fora and mechanisms on indigenous issues, including the UN Permanent Forum on Indigenous Issues, all pointing to the importance that the UN has come to place on the promotion and protection of indigenous peoples' rights. Morgan describes, analyses, and evaluates the efforts of the global indigenous movement to engender changes in UN discourse and international law on indigenous peoples' rights and to bring about certain institutional developments reflective of a heightened international concern. By the same token, focusing on the interaction of the global indigenous movement with the UN system, this book examines the reverse influence, that is, the ways in which interacting with the UN system has influenced the claims, tactical repertoires, and organizational structures of the movement.

Indigenous Peoples, Postcolonialism, and International Law

The ILO Regime (1919-1989)
Author: Luis Rodr?guez-Pi?ero
Publisher: Oxford University Press on Demand
ISBN: 9780199284641
Category: Political Science
Page: 410
View: 5041

Continue Reading →

Indigenous Peoples, Postcolonialism, and International Law: The ILO Regime (1919-1989) explores the historical process leading to the emergence of indigenous peoples as distinct objects of modern international law, through the activity of the International Labour Organization (ILO). The ILO is the institutional site for the two current legally binding international instruments dealing with indigenous peoples, Convention No. 107 (1957), and Convention No. 169 (1989). Based on carefulresearch on official documentation and unpublished archival evidence, the book enquires into the origins of the ILO's historical interest in the living and working conditions of indigenous peoples, and traces this back to the organization's early concern on the conditions of life of 'native workers' in colonial territories in the inter-war period. The book connects this early concern with the organization's regional policy in the Americas, where the 'Indian problem' became a priority on the organisation's agenda. These historical processes set the ground for the adoption, a few years later, of Convention No. 107 and Recommendation No. 104, instruments that translate the main assumptions of state development policies towards indigenous groups into international law. After an examination of the origins and content of Convention No. 107, the book sheds light on the process that lead the I.L.O. to reshape its old policies into the form of Convention No. 169, the most up to date andimportant international treaty dealing with the rights of indigenous peoples today.

Indigenous Peoples' Status in the International Legal System


Author: Mattias Ahren
Publisher: Oxford University Press
ISBN: 0198778198
Category:
Page: 288
View: 6720

Continue Reading →

While many have explored the law governing the rights of indigenous peoples through an examination of relevant instruments and institutions, this book demonstrates that international indigenous rights can be best understood through the study of two questions: What is meant by 'peoples' and'equality' under international law?Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume explains that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right toself-determination and sets out the content and scope of this right. The book additionally explores the contemporary meaning of 'equality', arguing that the understanding of equality fundamentally impacts what rights indigenous peoples possess over territories and natural resources. This bookoutlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.