indigenous peoples and human rights international and regional jurisprudence

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Indigenous Peoples And Human Rights

Author : Ben Saul
ISBN : 9781782252283
Genre : Law
File Size : 48. 12 MB
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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.

International Human Rights

Author : Hurst Hannum
ISBN : 9781454892595
Genre : Law
File Size : 51. 49 MB
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The Sixth Edition of International Human Rights provides students with an accessible, problem-based pedagogy that forces them consider the fundamental human rights issues of from political and legal perspectives. Balancing practical considerations and underlying theory, this outstanding and newly expanded authorship team delivers a comprehensive text that examines the historical underpinnings and contemporary considerations that animate human rights efforts across the globe. Professors and students will benefit from: Streamlined text with contents being more intuitive; eliminating the underutilized section on International Criminal Law and reapportioning those materials elsewhere, and condensing the International Humanitarian Law section. Thoroughly updated text that includes recent scholarship, reports from International Tribunals, and changes in International Human Rights landscape. An incorporation of recent resolutions from international tribunals and decisions for international adjudicatory bodies.

The Requirement Of Consultation With Indigenous Peoples In The Ilo

Author : Maria Victoria Cabrera Ormaza
ISBN : 9789004356016
Genre : Political Science
File Size : 77. 70 MB
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In The Requirement of Consultation with Indigenous Peoples in the ILO, María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach.

Indigenous Peoples Title To Territory Rights And Resources

Author : Cathal M. Doyle
ISBN : 9781317703181
Genre : Law
File Size : 21. 21 MB
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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.

Environmental Protection And Human Rights

Author : Donald K. Anton
ISBN : 9781139498524
Genre : Political Science
File Size : 59. 70 MB
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With unique scholarly analysis and practical discussion, this book provides a comprehensive introduction to the relationship between environmental protection and human rights being formalized into law in many legal systems. This book instructs on environmental techniques and procedures that assist in the protection of human rights. The text provides cogent guidance on a growing international jurisprudence on the promotion and protection of human rights in relation to the environment that has been developed by international and regional human rights bodies and tribunals. It explores a rich body of case law that continues to develop within states on the environmental dimension of the rights to life, to health, and to public participation and access to information. Five compelling contemporary case studies are included that implicate human rights and the environment, ranging from large dam projects to the creation of a new human right to a clean environment.

Iwgia

Author : Jens Dahl
ISBN : 9788791563522
Genre : Political Science
File Size : 66. 69 MB
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This book reviews one of the first organizations to be established in support of indigenous peoples. IWGIA was founded in 1968 by anthropologists concerned at the atrocities being committed against Indians in South America. Within a few years, a small group of dedicated scholars working on a voluntary basis established a documentation centre that became well-known to concerned people all over the world. Out of these beginnings grew a professional organization, which while still being involved in documentation embarked on international human rights activities, empowerment projects, publishing, and information dissemination.

The African Regional Human Rights System

Author : Manisuli Ssenyonjo
ISBN : 9789004218154
Genre : Law
File Size : 65. 21 MB
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All key matters on human rights in Africa since the adoption of the African Charter in 1981 are impressively considered in the chapters of the present book. There are twenty one chapters on key human rights issues and themes in Africa, written by highly qualified human rights authors actively involved in the current teaching and practice of human rights, containing valuable insights and critical refl ections. The authors consider what has been achieved since 1981, and remains to be achieved and the prospects for the future of the African human rights system. The range of opinions and perspectives, combined with the authors’ critical analysis and expertise, make this book a unique and significant contribution to the African regional human rights system.

World Heritage Sites And Indigenous Peoples Rights

Author : Stefan Disko
ISBN : UCSD:31822041245713
Genre : Law
File Size : 87. 11 MB
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This book includes twenty case studies of World Heritage sites from around the world that explore, from a human rights perspective, indigenous peoples' experiences with World Heritage sites and with the processes of the World Heritage Convention. The book will serve as a resource for indigenous peoples, World Heritage site managers, and UNESCO, as well as academics, and it will contribute to discussions about what changes or actions are needed to ensure that World Heritage sites can play a consistently positive role for indigenous peoples, in line with the spirit of the United Nations Declaration on the Rights of Indigenous Peoples.

The Rio Declaration On Environment And Development

Author : Jorge E. Viñuales
ISBN : 9780191510427
Genre : Law
File Size : 52. 90 MB
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The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.

Freedom From Poverty As A Human Right Law S Duty To The Poor

Author : Bueren, Geraldine van
ISBN : 9789231041457
Genre : Law
File Size : 47. 26 MB
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