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Indigenous Peoples Customary Law And Human Rights Why Living Law Matters

Author: Brendan Tobin
Publisher: Routledge
ISBN: 1317697545
Size: 80.67 MB
Format: PDF
View: 2958
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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.

Indigenous Peoples Customary Law And Human Rights Why Living Law Matters

Author: Brendan Tobin
Publisher:
ISBN: 9781138019683
Size: 42.99 MB
Format: PDF, ePub, Mobi
View: 6048
Download and Read
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.

Routledge Handbook Of Biodiversity And The Law

Author: Charles R. McManis
Publisher: Routledge
ISBN: 131553083X
Size: 71.40 MB
Format: PDF, ePub
View: 982
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This volume provides a reference textbook and comprehensive compilation of multifaceted perspectives on the legal issues arising from the conservation and exploitation of non-human biological resources. Contributors include leading academics, policy-makers and practitioners reviewing a range of socio-legal issues concerning the relationships between humankind and the natural world. The Routledge Handbook of Biodiversity and the Law includes chapters on fundamental and cutting-edge issues, including discussion of major legal instruments such as the Convention on Biological Diversity and the Nagoya Protocol. The book is divided into six distinct parts based around the major objectives which have emerged from legal frameworks concerned with protecting biodiversity. Following introductory chapters, Part II examines issues relating to conservation and sustainable use of biodiversity, with Part III focusing on access and benefit-sharing. Part IV discusses legal issues associated with the protection of traditional knowledge, cultural heritage and indigenous human rights. Parts V and VI focus on a selection of intellectual property issues connected to the commercial exploitation of biological resources, and analyse ethical issues, including viewpoints from economic, ethnobotanical, pharmaceutical and other scientific industry perspectives.

Anthropology In The Mining Industry

Author: Glynn Cochrane
Publisher: Springer
ISBN: 3319503103
Size: 53.45 MB
Format: PDF, ePub
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This book outlines how Rio Tinto—one of the world’s largest miners—redesigned and rebuilt relationships with communities after the rejection of the company during Bougainville’s Civil War. Glynn Cochrane recalls how he and colleagues utilized their training as social anthropologists to help the company to earn an industry leadership reputation and competitive business advantage by establishing the case for long-term, on the ground, smoke-in-the-eyes interaction with people in local communities around the world, despite the appeal of maximal efficiency techniques and quicker, easier answers. Instead of using ready-made, formulaic toolkits, Rio Tinto relied on community practitioners to try to accommodate local preferences and cultural differences. This volume provides a step-by-step account of how mining companies can use social anthropological and ethnographic insights to design ways of working with local communities, especially in times of upheaval.

Sustainability Science Field Methods And Exercises

Author: Miguel Esteban
Publisher: Springer
ISBN: 3319329308
Size: 43.72 MB
Format: PDF
View: 379
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This book builds up on the experience and lessons learnt by academics at the Graduate Program in Sustainability Science, Global Leadership Initiative (GPSS-GLI) at the University of Tokyo. A number of scholars in the new field of sustainability science describe how field methods and exercises are carried out in this discipline, together with the theoretical basis for such exercises. Case studies of various countries around the world where these exercises are carried out are showcased, emphasizing the various socio-economic considerations and problems facing humanity and possible ways forward to build more sustainable and resilient societies. The final objective is to enrich the field of sustainability science by describing the novel aspects used in the field exercises carried out by practitioners of this cross-disciplinary field.