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Indigenous Peoples In International Law

Author: S. James Anaya
Publisher: Oxford University Press, USA
ISBN: 9780195173505
Size: 70.89 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.

Indigenous Peoples As Subjects Of International Law

Author: Irene Watson
Publisher: Taylor & Francis
ISBN: 1317240669
Size: 64.74 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 Peoples Land Rights Under International Law

Author: Jérémie Gilbert
Publisher: BRILL
ISBN: 9004323252
Size: 58.60 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 Postcolonialism And International Law

Author: Luis Rodr?guez-Pi?ero
Publisher: Oxford University Press on Demand
ISBN: 9780199284641
Size: 74.69 MB
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Indigenous Peoples, Postcolonialism, and International Law: The ILO Regime (1919-1989) explores the historical process leading to the emergence of indigenous peoples as distinct objects of modern international law, through the activity of the International Labour Organization (ILO). The ILO is the institutional site for the two current legally binding international instruments dealing with indigenous peoples, Convention No. 107 (1957), and Convention No. 169 (1989). Based on carefulresearch on official documentation and unpublished archival evidence, the book enquires into the origins of the ILO's historical interest in the living and working conditions of indigenous peoples, and traces this back to the organization's early concern on the conditions of life of 'native workers' in colonial territories in the inter-war period. The book connects this early concern with the organization's regional policy in the Americas, where the 'Indian problem' became a priority on the organisation's agenda. These historical processes set the ground for the adoption, a few years later, of Convention No. 107 and Recommendation No. 104, instruments that translate the main assumptions of state development policies towards indigenous groups into international law. After an examination of the origins and content of Convention No. 107, the book sheds light on the process that lead the I.L.O. to reshape its old policies into the form of Convention No. 169, the most up to date andimportant international treaty dealing with the rights of indigenous peoples today.

The Rights Of Indigenous Peoples In International Law

Author: Ruth Thompson
Publisher: [Saskatoon] : University of Saskatchewan, Native Law Centre
ISBN:
Size: 54.87 MB
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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 And Human Rights

Author: Patrick Thornberry
Publisher: Manchester University Press
ISBN: 1847795145
Size: 64.59 MB
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This book is a full-length study of the rights of indigenous peoples in international law, focusing in particular on instruments of human rights. The primary reference point is contemporary law, though the book also examines the history of indigenous peoples through the lens of historical legal discourses. The work critically assesses the politics of definition and analyses contested definitions and descriptions of indigenous groups. Most of the chapters are devoted to detailed examination of existing and emerging human rights texts at global and regional levels. Among the instruments considered in the book are the International Covenants on Human Rights, the UN Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Racial Discrimination, the African Charter on Human and People's Rights, and the ILO Conventions on Indigenous and Tribal Peoples.

Indigenous Peoples Status In The International Legal System

Author: Mattias Ahren
Publisher: Oxford University Press
ISBN: 0198778198
Size: 29.50 MB
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While many have explored the law governing the rights of indigenous peoples through an examination of relevant instruments and institutions, this book demonstrates that international indigenous rights can be best understood through the study of two questions: What is meant by 'peoples' and'equality' under international law?Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume explains that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right toself-determination and sets out the content and scope of this right. The book additionally explores the contemporary meaning of 'equality', arguing that the understanding of equality fundamentally impacts what rights indigenous peoples possess over territories and natural resources. This bookoutlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.

Aboriginal Peoples Colonialism And International Law

Author: Irene Watson
Publisher: Routledge
ISBN: 1317938364
Size: 22.74 MB
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This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.