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"Autochtones (Droit international)"
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Indigenous peoples, natural resources and permanent sovereignty
\"This book illustrates the evolution and the current content of indigenous rights with respect to natural resources under customary international law, the possibility and the practical consequences to conceive those rights in terms of permanent sovereignty over natural resources and, finally, the latest developments on the implementation of such rights at the domestic level\"-- Provided by publisher.
BOOK
International organizations and member state responsibility : critical perspectives
International Organizations and Member State Responsibility: Critical Perspectives compiles novel approaches within academia and legal practice that reflect the evolution of the contemporary law of international (member state) responsibility. This Volume was previously published as International Organizations Law Review Vol. 12, issue 2 (2015).
eBook
Reconceptualising the Rule of Law in Global Governance, Resources, Investment and Trade
The relevance and importance of the rule of law to the international legal order cannot be doubted. Its significance was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level, which made a solemn commitment to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade, examine how the commitment to the rule of law manifests itself in the respective fields. The book looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three-part structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The contributions also consider how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law.
eBook
Walls, borders, boundaries
How is it that walls, borders, boundaries-and their material and symbolic architectures of division and exclusion-engender their very opposite? This edited volume explores the crossings, permeations, and constructions of cultural and political borders between peoples and territories, examining how walls, borders, and boundaries signify both interdependence and contact within sites of conflict and separation. Topics addressed range from the geopolitics of Europe's historical and contemporary city walls to conceptual reflections on the intersection of human rights and separating walls, the memory politics generated in historically disputed border areas, theatrical explorations of border crossings, and the mapping of boundaries within migrant communities.
eBook
International Law and Indigenous Knowledge
InInternational Law and Indigenous Knowledge, Chidi Oguamanan argues that Indigenous knowledge has posed a crisis of legitimacy for the intellectual property system that calls for a rethinking of the intellectual property jurisprudence in a cross-cultural direction.
eBook
The Prior Consultation of Indigenous Peoples in Latin America
This book delves into the reasons behind and the consequences of the implementation gap regarding the right to prior consultation and the Free, Prior and Informed Consent (FPIC) of Indigenous Peoples in Latin America.
In recent years, the economic and political projects of Latin American States have become increasingly dependent on the extractive industries. This has resulted in conflicts when governments and international firms have made considerable investments in those lands that have been traditionally inhabited and used by Indigenous Peoples, who seek to defend their rights against exploitative practices. After decades of intense mobilisation, important gains have been made at international level regarding the opportunity for Indigenous Peoples to have a say on these matters. Notwithstanding this, the right to prior consultation and the FPIC of Indigenous Peoples on the ground are far from being fully applied and guaranteed. And, even when prior consultation processes are carried out, the outcomes remain uncertain.
This volume rigorously investigates the causes of this implementation gap and its consequences for the protection of Indigenous Peoples' rights, lands, identities and ways of life in the Latin American region.
eBook
The Origins of Indigenism
\"International indigenism\" may sound like a contradiction in terms, but it is indeed a global phenomenon and a growing form of activism. In his fluent and accessible narrative, Ronald Niezen examines the ways the relatively recent emergence of an internationally recognized identity—\"indigenous peoples\"—intersects with another relatively recent international movement—the development of universal human rights laws and principles. This movement makes use of human rights instruments and the international organizations of states to resist the political, cultural, and economic incursions of individual states. The concept \"indigenous peoples\" gained currency in the social reform efforts of the International Labor Organization in the 1950s, was taken up by indigenous nongovernmental organizations, and is now fully integrated into human rights initiatives and international organizations. Those who today call themselves indigenous peoples share significant similarities in their colonial and postcolonial experiences, such as loss of land and subsistence, abrogation of treaties, and the imposition of psychologically and socially destructive assimilation policies. Niezen shows how, from a new position of legitimacy and influence, they are striving for greater recognition of collective rights, in particular their rights to self-determination in international law. These efforts are influencing local politics in turn and encouraging more ambitious goals of autonomy in indigenous communities worldwide.
eBook
Indigenous Peoples' Land Rights under International Law
This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories.Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples' land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements.Based on its analysis of indigenous peoples' land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law.Published under the Transnational Publishers imprint.
eBook
Indigenous Land Rights in Israel
Introducing the Negev–Bedouin land issue from the international indigenous land rights perspective, this comparative study suggests options for the recognition of their land. The book demonstrates that the Bedouin land dispossession, like many indigenous peoples’, progressed through several phases that included eviction and displacement, legislation, and judicial decisions that support acts of dispossession and deny the Bedouin’s traditional land rights.
Examining the Mawat legal doctrine on which the State and the Court rely on to deny Bedouin land rights, this volume introduces the relevant international law protecting indigenous land rights and shows how the limitations of this law prevent any meaningful protection of Bedouin land rights. In the second part of the work, the Aborigines’ land in Australia is introduced as an example of indigenous peoples’ successful struggle for their traditional land rights. The final chapter analyzes the basic elements of judicial recognition of the land and shows that the basic elements needed for Bedouin land recognition exist in the Israeli legal system.
Proposing practical recommendations for the recognition of Bedouin land, this volume is a key resource to scholars and students interested in land rights, international law, comparative studies, and the Middle East.
eBook