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Indigenous Peoples Customary Law And Human Rights Why Living Law Matters

Author: Brendan Tobin
Publisher: Routledge
ISBN: 1317697545
Size: 37.45 MB
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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: 31.99 MB
Format: PDF, ePub
View: 6577
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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 As Subjects Of International Law

Author: Irene Watson
Publisher: Taylor & Francis
ISBN: 1317240669
Size: 69.99 MB
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For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.

Indigenous People And Economic Development

Author: Katia Iankova
Publisher: Routledge
ISBN: 1317117301
Size: 41.92 MB
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Indigenous peoples are an intrinsic part of countries like Australia, New Zealand, Canada, Finland, USA, India, Russia and almost all parts of South America and Africa. A considerable amount of research has been done during the twentieth century mainly by anthropologists, sociologists and linguists in order to describe, and document their traditional life style for the protection and safeguarding of their established knowledge, skills, languages and beliefs. These communities are engaging and adapting rapidly to the changing circumstances partly caused by post modernisation and the process of globalization. These have led them to aspire to better living standards, as well as preserving their uniqueness, approaches to environment, close proximity to social structures and communities. For at least the last two decades, patterns of increased economic activity by indigenous peoples in many countries have been viewed to be significantly on the rise. Indigenous People and Economic Development reveals some of the characteristics of this economic activity, 'coloured' by the unique regard and philosophy of life that indigenous people around the world have. The successes, difficulties and obstacles to economic development, their solutions and innovative practices in business - all of these elements, based on research findings, are discussed in this book and offer an inside view of the dynamics of the indigenous societies which are evolving in a globalised and highly interconnected contemporary world.

Handbook Of Indigenous Peoples Rights

Author: Damien Short
Publisher: Routledge
ISBN: 1136313850
Size: 52.19 MB
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This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights. Chapters by experts in the field will examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the heart of debates on the rights of indigenous peoples. The book will address not only the major questions, such as ‘who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity, genocide, globalization and development, rights institutionalization and the environment.

Routledge Handbook Of Biodiversity And The Law

Author: Charles R. McManis
Publisher: Routledge
ISBN: 131553083X
Size: 63.12 MB
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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.

Indigenous Studies And Engaged Anthropology

Author: Professor Paul Sillitoe
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472403088
Size: 11.38 MB
Format: PDF
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Advancing the rising field of engaged or participatory anthropology that is emerging at the same time as increased opposition from Indigenous peoples to research, this book offers critical reflections on research approaches to-date. The engaged approach seeks to change the researcher-researched relationship fundamentally, to make methods more appropriate and beneficial to communities by involving them as participants in the entire process from choice of research topic onwards. The aim is not only to change power relationships, but also engage with non-academic audiences.

Law As If Earth Really Mattered

Author: Nicole Rogers
Publisher: Taylor & Francis
ISBN: 1317210581
Size: 71.75 MB
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This book is a collection of judgments drawn from the innovative Wild Law Judgment Project. In participating in the Wild Law Judgment Project, which was inspired by various feminist judgment projects, contributors have creatively reinterpreted judicial decisions from an Earth-centred point of view by rewriting existing judgments, or creating fictional judgments, as wild law. Authors have confronted the specific challenges of aligning existing Western legal systems with Thomas Berry’s philosophy of Earth jurisprudence through judgment writing and rewriting. This book thus opens up judicial decision-making and the common law to critical scrutiny from a wild law or Earth-centred perspective. Based upon ecocentric rather than human-centred or anthropocentric principles, Earth jurisprudence poses a unique critical challenge to the dominant anthropocentric or human-centred focus and orientation of the common law. The authors interrogate the anthropocentric and property rights assumptions embedded in existing common law by placing Earth and the greater community of life at the centre of their rewritten and hypothetical judgments. Covering areas as diverse as tort law, intellectual property law, criminal law, environmental law, administrative law, international law, native title law and constitutional law, this unique collection provides a valuable tool for practitioners and students who are interested in learning more about the emerging ecological jurisprudence movement. It helps us to see more clearly what a new system of law might look like: one in which Earth really matters.

Indigenous Networks

Author: Jane Carey
Publisher: Routledge
ISBN: 1317659325
Size: 67.65 MB
Format: PDF
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This edited collection argues for the importance of recovering Indigenous participation within global networks of imperial power and wider histories of "transnational" connections. It takes up a crucial challenge for new imperial and transnational histories: to explore the historical role of colonized and subaltern communities in these processes, and their legacies in the present. Bringing together prominent and emerging scholars who have begun to explore Indigenous networks and "transnational" encounters, and to consider the broader significance of "extra-local" connections, exchanges and mobility for Indigenous peoples, this work engages closely with some of the key historical scholarship on transnationalism and the networks of European imperialism. Chapters deploy a range of analytic scales, including global, regional and intra-Indigenous networks, and methods, including histories of ideas and cultural forms and biography, as well as exploring contemporary legacies. In drawing these perspectives together, this book charts an important new direction in research.

Curating The Future

Author: Jennifer Newell
Publisher: Routledge
ISBN: 1317217950
Size: 28.19 MB
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Curating the Future: Museums, Communities and Climate Change explores the way museums tackle the broad global issue of climate change. It explores the power of real objects and collections to stir hearts and minds, to engage communities affected by change. Museums work through exhibitions, events, and specific collection projects to reach different communities in different ways. The book emphasises the moral responsibilities of museums to address climate change, not just by communicating science but also by enabling people already affected by changes to find their own ways of living with global warming. There are museums of natural history, of art and of social history. The focus of this book is the museum communities, like those in the Pacific, who have to find new ways to express their culture in a new place. The book considers how collections in museums might help future generations stay in touch with their culture, even where they have left their place. It asks what should the people of the present be collecting for museums in a climate-changed future? The book is rich with practical museum experience and detailed projects, as well as critical and philosophical analyses about where a museum can intervene to speak to this great conundrum of our times. Curating the Future is essential reading for all those working in museums and grappling with how to talk about climate change. It also has academic applications in courses of museology and museum studies, cultural studies, heritage studies, digital humanities, design, anthropology, and environmental humanities.