The Inherent Rights of Indigenous Peoples in International Law

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Release : 2020-02-24
Genre : Law
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Book Rating : 929/5 ( reviews)

The Inherent Rights of Indigenous Peoples in International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Inherent Rights of Indigenous Peoples in International Law write by Antonietta Di Blase. This book was released on 2020-02-24. The Inherent Rights of Indigenous Peoples in International Law available in PDF, EPUB and Kindle. This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations.

Indigenous Peoples in International Law

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Release : 2004
Genre : Law
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Book Rating : 505/5 ( reviews)

Indigenous Peoples in International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Indigenous Peoples in International Law write by S. James Anaya. This book was released on 2004. Indigenous Peoples in International Law available in PDF, EPUB and Kindle. 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.

The Rights of Indigenous Peoples in International Law

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Release : 1987
Genre : Law
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The Rights of Indigenous Peoples in International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Rights of Indigenous Peoples in International Law write by University of Saskatchewan. Native Law Centre. This book was released on 1987. The Rights of Indigenous Peoples in International Law available in PDF, EPUB and Kindle. 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.

Indigenous Peoples' Land Rights under International Law

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Release : 2007-03-23
Genre : Law
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Book Rating : 308/5 ( reviews)

Indigenous Peoples' Land Rights under International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Indigenous Peoples' Land Rights under International Law write by Jérémie Gilbert. This book was released on 2007-03-23. Indigenous Peoples' Land Rights under International Law available in PDF, EPUB and Kindle. 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.

Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters

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Release : 2014-08-27
Genre : Law
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Book Rating : 537/5 ( reviews)

Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters write by Brendan Tobin. This book was released on 2014-08-27. Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters available in PDF, EPUB and Kindle. This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.