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 : 75. 14 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 : 9781454876663
Genre : Law
File Size : 67. 46 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 : 34. 78 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 Land Rights Under International Law

Author : Jérémie Gilbert
ISBN : 9789004323254
Genre : Political Science
File Size : 73. 55 MB
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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.

Indigenous Peoples Title To Territory Rights And Resources

Author : Cathal M. Doyle
ISBN : 9781317703181
Genre : Law
File Size : 89. 91 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.

Core International Human Rights Treaties

Author : United Nations
ISBN : 9216540192
Genre : Political Science
File Size : 25. 70 MB
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Indigenous Peoples In International Law

Author : S. James Anaya
ISBN : 0195173503
Genre : Law
File Size : 53. 42 MB
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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.

Environmental Protection And Human Rights

Author : Donald K. Anton
ISBN : 9781139498524
Genre : Political Science
File Size : 62. 4 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 : 74. 82 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 : 22. 84 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.

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