Download Reflections on the UN Declaration on the Rights of Indigenous Peoples PDF
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Publisher : Hart Publishing
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ISBN 10 : 1841138789
Pages : 620 pages
Rating : 4.1/5 (387 users)
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Download or read book Reflections on the UN Declaration on the Rights of Indigenous Peoples written by Stephen Allen and published by Hart 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 Reflections on the UN Declaration on the Rights of Indigenous Peoples PDF
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Publisher : Bloomsbury Publishing
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ISBN 10 : 9781847316233
Pages : 620 pages
Rating : 4.8/5 (473 users)
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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 The United Nations Declaration on the Rights of Indigenous Peoples PDF
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Publisher : Routledge
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ISBN 10 : 9781000258905
Pages : 318 pages
Rating : 4.0/5 (2 users)
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Download or read book The United Nations Declaration on the Rights of Indigenous Peoples written by Damien Short and published by Routledge. This book was released on 2020-12-18 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development and adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was a huge success for the global indigenous movement. This book offers an insightful and nuanced contemporary evaluation of the progress and challenges that indigenous peoples have faced in securing the implementation of this new instrument, as well as its normative impact, at both the national and international levels. The chapters in this collection offer a multi-disciplinary analysis of the UNDRIP as it enters the second decade since its adoption by the UN General Assembly in 2007. Following centuries of resistance by Indigenous peoples to state, and state sponsored, dispossession, violence, cultural appropriation, murder, neglect and derision, the UNDRIP is an achievement with deep implications in international law, policy and politics. In many ways, it also represents just the beginning – the opening of new ways forward that include advocacy, activism, and the careful and hard-fought crafting of new relationships between Indigenous peoples and states and their dominant populations and interests. This book was originally published as a special issue of The International Journal of Human Rights.


Download Reflections on the Universal Declaration of Human Rights PDF
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Publisher : Martinus Nijhoff Publishers
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ISBN 10 : 9041110461
Pages : 356 pages
Rating : 4.1/5 (14 users)
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Download or read book Reflections on the Universal Declaration of Human Rights written by Barend Van Der Heijden and published by Martinus Nijhoff Publishers. This book was released on 1998-10-29 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Right to Seek Asylum.


Download The UN Declaration on the Rights of Indigenous Peoples PDF
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Publisher : Oxford University Press
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ISBN 10 : 9780199673223
Pages : 657 pages
Rating : 4.1/5 (996 users)
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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 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Declaration on the Rights of Indigenous Peoples set key standards for the treatment of indigenous people, and has significantly developed how indigenous rights are viewed and enforced. This commentary thematically assesses all aspects of the Declaration's provisions, providing an overview of its impact.--


Download Indigenous Peoples  Consent and Rights PDF
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Publisher : Routledge
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ISBN 10 : 9781000752656
Pages : 258 pages
Rating : 4.0/5 (7 users)
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Download or read book Indigenous Peoples Consent and Rights written by Stephen Young and published by Routledge. This book was released on 2019-12-19 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigenous peoples’ consent before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations (NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law – but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples’ rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples’ rights. Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.


Download Indigenous Peoples  Status in the International Legal System PDF
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Publisher : Oxford University Press
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ISBN 10 : 9780191083976
Pages : 288 pages
Rating : 4.1/5 (91 users)
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Download or read book Indigenous Peoples Status in the International Legal System written by Mattias Åhrén and published by Oxford University Press. This book was released on 2016-03-10 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: While many have explored the law surrounding the rights of indigenous peoples through an examination of all relevant instruments and institutions, this book is based on the premise that one can obtain an in depth knowledge of the indigenous rights regime by simply knowing the answer to two questions: What is meant by 'peoples' and 'equality' under international law? From Terra Nullius to International Legal Subjects and Possessors of Land - Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume articulates that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right to self-determination, and, if so, what should be 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 book outlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.


Download Indigenous Peoples  Title to Territory  Rights and Resources PDF
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Publisher : Routledge
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ISBN 10 : 9781317703181
Pages : 350 pages
Rating : 4.3/5 (177 users)
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Download or read book Indigenous Peoples Title to Territory Rights and Resources written by Cathal M. Doyle and published by Routledge. This book was released on 2014-11-20 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.


Download Lawful Conquest  PDF
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Publisher : Walter de Gruyter GmbH & Co KG
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ISBN 10 : 9783110690224
Pages : 354 pages
Rating : 4.1/5 (16 users)
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Download or read book Lawful Conquest written by Constanze Weiske and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-10-04 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global expansion of European colonization is commonly perceived as lawful according to the valid European colonial law of the time. This book is substantially challenging this belief by uncovering its legal justifications based on discovery and terra nullius as retrospectively created legal fictions and demonstrating it ́s untenability in practice. Focused on the critical reconstruction of Spanish and Dutch colonization practices in northeastern South America, Trinidad and Tobago between 1498 and 1817, the book offers an illuminating view on the European shadow of the colonial past in the Americas. Based on the application of an innovative comparative spatio-legal Global History approach to 1,770 excavated European colonial written sources from archives of both sides of the Atlantic in comparison to the colonial legal provisions of Europe ́s most influential legal writers, the book, moreover, provides a substantial argument to the contemporary Caribbean-European reparation debate in favor of the return of Indigenous Peoples ́ historical territories. Therefore, the book calls for the extension of the traditional territory approach to reparations of the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIPs) and the Inter-American Court of Human Rights (IACHR).


Download Indigenous Peoples and Human Rights PDF
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Publisher : Bloomsbury Publishing
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ISBN 10 : 9781782252276
Pages : 248 pages
Rating : 4.7/5 (822 users)
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Download or read book Indigenous Peoples and Human Rights written by Ben Saul and published by Bloomsbury Publishing. This book was released on 2016-06-30 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Download The United Nations Declaration on Minorities PDF
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Publisher : Hotei Publishing
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ISBN 10 : 9789004251564
Pages : 421 pages
Rating : 4.0/5 (42 users)
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Download or read book The United Nations Declaration on Minorities written by Ugo Caruso and published by Hotei Publishing. This book was released on 2015-04-02 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Created in order to celebrate the 20th Anniversary of the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992-2012), this publication aims to offer readers a comprehensive review, written by a variety of scholars in the field, of the value and impact of the standards formulated in the Declaration. In so doing, it hopes to stimulate attention for and debate around the Declaration and its principles. The regional perspectives and case studies included further enable the identification of positive initiatives and good practices as well as persistent gaps in the implementation of the standards enshrined in the Declaration.


Download The Protection of Indigenous Peoples and Reduction of Forest Carbon Emissions PDF
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Publisher : BRILL
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ISBN 10 : 9789004298637
Pages : 368 pages
Rating : 4.0/5 (42 users)
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Download or read book The Protection of Indigenous Peoples and Reduction of Forest Carbon Emissions written by Handa Abidin and published by BRILL. This book was released on 2015-07-10 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Protection of Indigenous Peoples and Reduction of Forest Carbon Emissions, Handa Abidin identifies approaches that can be used by indigenous peoples to protect their rights in the context of REDD-plus.


Download Indigenous Peoples  Natural Resources and Permanent Sovereignty PDF
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Publisher : BRILL
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ISBN 10 : 9789004523999
Pages : 347 pages
Rating : 4.0/5 (45 users)
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Download or read book Indigenous Peoples Natural Resources and Permanent Sovereignty written by Andrea Mensi and published by BRILL. This book was released on 2022-12-19 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work aims to be the definitive exploration of the possibility to conceptualize permanent sovereignty over natural resources vested in indigenous peoples rather than in States under international law.


Download Seeking Justice in International Law PDF
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Publisher : Routledge
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ISBN 10 : 9781317332176
Pages : 229 pages
Rating : 4.3/5 (173 users)
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Download or read book Seeking Justice in International Law written by Mauro Barelli and published by Routledge. This book was released on 2016-04-14 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today human rights represent a primary concern of the international legal system. The international community’s commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, inter alia, its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples points to the existence of an international law that promises to provide valid responses to the demands for justice of disempowered and vulnerable groups. At one level, the book assesses whether international law has responded fairly and adequately to the human rights claims of indigenous peoples. At another level, it explores the relationship between this response and some distinctive features of the indigenous peoples’ struggle for justice, reflecting on the extent to which the latter have influenced and shaped the former. The book draws important conclusions as to the reasons behind international law’s positive recognition of indigenous peoples’ rights, shedding some light on the potential and limits of international law as an instrument of justice. The book will be of great interest to students and scholars of public international law, human rights and social movements.


Download Routledge Handbook of Indigenous Peoples in the Arctic PDF
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Publisher : Routledge
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ISBN 10 : 9781000284058
Pages : 402 pages
Rating : 4.0/5 (2 users)
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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 402 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 Aboriginal Child Welfare  Self Government and the Rights of Indigenous Children PDF
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Publisher : Routledge
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ISBN 10 : 9781317186137
Pages : 342 pages
Rating : 4.3/5 (171 users)
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Download or read book Aboriginal Child Welfare Self Government and the Rights of Indigenous Children written by Sonia Harris-Short and published by Routledge. This book was released on 2016-03-16 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the contentious and topical issue of aboriginal self-government over child welfare. Using case studies from Australia and Canada, it discusses aboriginal child welfare in historical and comparative perspectives and critically examines recent legal reforms and changes in the design, management and delivery of child welfare services aimed at securing the 'decolonization' of aboriginal children and families. Within this context, the author identifies the limitations of reconciling the conflicting demands of self-determination and sovereignty and suggests that international law can provide more nuanced and culturally sensitive solutions. Referring to the UN Declaration on the Rights of Indigenous Peoples, and the UN Convention on the Rights of the Child, it is argued that the effective decolonization of aboriginal child welfare requires a journey well beyond the single issue of child welfare to the heart of the debate over self-government, self-determination and sovereignty in both national and international law.


Download Human Rights and Power in Times of Globalisation PDF
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Publisher : BRILL
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ISBN 10 : 9789004346406
Pages : 301 pages
Rating : 4.0/5 (43 users)
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Download or read book Human Rights and Power in Times of Globalisation written by Ekaterina Yahyaoui and published by BRILL. This book was released on 2018-02-05 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does globalisation affect the ability of human rights to constrain power? The contributions to the volume tackle this question in various areas of human rights and international law calling for rethinking of the structure and functioning of human rights.