Indigenous Peoples in International Law

Author: S. James Anaya

Publisher: Oxford University Press, USA

ISBN: 9780195173505

Category: Law

Page: 396

View: 6266

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.
Posted in Law

The Rights of Indigenous Peoples in International Law

Selected Essays on Self-determination

Author: Ruth Thompson

Publisher: [Saskatoon] : University of Saskatchewan, Native Law Centre


Category: Autochtones

Page: 68

View: 8772

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.
Posted in Autochtones

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: 9605

2.3. Dualism and Monism
Posted in Law

Indigenous Peoples as Subjects of International Law

Author: Irene Watson

Publisher: Taylor & Francis

ISBN: 1317240669

Category: Law

Page: 226

View: 4856

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.
Posted in Law

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: 4438

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.
Posted in Social Science

Indigenous Peoples and Human Rights

Author: Patrick Thornberry

Publisher: Manchester University Press

ISBN: 1847795145

Category: Law

Page: 288

View: 9571

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.
Posted in Law

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: 7557

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.
Posted in Political Science

Indigenous Peoples and Human Rights

International and Regional Jurisprudence

Author: Ben Saul

Publisher: Bloomsbury Publishing

ISBN: 1782252274

Category: Law

Page: 248

View: 6598

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.
Posted in Law

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: 2499

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.
Posted in Law

Indigenous Peoples' Status in the International Legal System

Author: Mattias Ahren

Publisher: Oxford University Press

ISBN: 0198778198


Page: 288

View: 6197

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.
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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: 6333

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.
Posted in Political Science

Reparations for Indigenous Peoples

International and Comparative Perspectives

Author: Federico Lenzerini

Publisher: Oxford University Press

ISBN: 0199235600

Category: Law

Page: 650

View: 6946

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.
Posted in Law

Indigenous Peoples' Rights in Australia, Canada, & New Zealand

Author: Paul Havemann

Publisher: Oxford University Press, USA

ISBN: 9780195584073

Category: Political Science

Page: 520

View: 1994

Indigenous Peoples' Rights in Australia, Canada and New Zealand aims to provide a contemporary and contextual survey and analysis of the legal and political interaction between the British settler, states of Australia, Canada and New Zealand, and the indigenous First Nation peoples they dispossessed. The text consists of a collection of commissioned essays, each focusing on a particular aspect of the relationship between the settler state and indigenous peoples. The contributors pose fundamental questions about the role of imposed legal and political institutions, both in continuing a process of colonial domination and in contributing to the progressive emancipation of indigenous peoples. The text includes sections on: indigenous peoples' perspectives on sovereignty, self-determination, and co-existence; a historical overview of settlement; comparative political jurisprudence and contemporary ethno-politics; the contemporary social impact of colonization; the administrationof indigenous affairs; and constitutionalizing indigenous rights.
Posted in Political Science

The UN Declaration on the Rights of Indigenous Peoples

A Commentary

Author: Marc Weller,Jessie Hohmann

Publisher: Oxford University Press

ISBN: 0199673225

Category: Law

Page: 460

View: 394

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 preparatoire, 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
Posted in Law

Transforming Law and Institution

Indigenous Peoples, the United Nations and Human Rights

Author: Rhiannon Morgan

Publisher: Routledge

ISBN: 1317007565

Category: Political Science

Page: 214

View: 8844

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.
Posted in Political Science