Indigenous Peoples in International Law

Author: S. James Anaya

Publisher: Oxford University Press, USA

ISBN: 9780195173505

Category: Law

Page: 396

View: 3436

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 in International Law

Author: S. James Anaya

Publisher: Oxford University Press, USA

ISBN: 0195140451

Category: Law

Page: 267

View: 4283

This book provides a theoretically grounded and practically oriented synthesis of the international law of indigenous peoples. Against a historical background, James Anaya discusses a new generation of international treaty and customary norms, within international law's human rights program, concerning groups that are descended from the original inhabitants of lands now dominated by others. Anaya further identifies and analyzes institutions and procedures, both at the domestic and international levels, for implementing international norms concerning indigenous peoples.

The Rights of Indigenous Peoples in International Law

Selected Essays on Self-determination

Author: Ruth Thompson

Publisher: [Saskatoon] : University of Saskatchewan, Native Law Centre


Category: Autochtones

Page: 68

View: 705

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.

Towards International Personality

The Position of Minorities and Indigenous Peoples in International Law

Author: Anna Meijknecht

Publisher: Intersentia nv

ISBN: 905095166X

Category: Law

Page: 271

View: 5077

2.3. Dualism and Monism

Indigenous Peoples as Subjects of International Law

Author: Irene Watson

Publisher: Taylor & Francis

ISBN: 1317240669

Category: Law

Page: 226

View: 7195

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.

Minorities, Peoples And Self-determination

Essays In Honour Of Patrick Thornberry

Author: Nazila Ghanea-Hercock,Alexandra Xanthaki,Patrick Thornberry

Publisher: Martinus Nijhoff Publishers

ISBN: 9004143017

Category: Social Science

Page: 352

View: 4454

This volume presents new thinking on minority and indigenous rights in international law. Debates that receive attention in this volume include self-determination, definitional issues, collective rights and rights to natural resources. Other chapters unravel challenges that have not attracted sufficient attention to date, such as multiculturalism, integration, colour as a ground for discrimination and the economic and social rights of minorities. The volume also looks critically at the work of the World Bank, the African Union, the Council of Europe and the OSCE in this arena. Finally, case studies highlight the regrettable similarities in the suffering of groups in different parts of the world as well as the stark contrast between state claims and their actual practice.

Reparations for Indigenous Peoples

International and Comparative Perspectives

Author: Federico Lenzerini

Publisher: Oxford University Press

ISBN: 0199235600

Category: Law

Page: 650

View: 7613

In this book, a group of renowned legal experts and activists investigate the right of indigenous peoples to reparations for breaches of their individual and collective rights.

Indigenous Peoples and Human Rights

Author: Patrick Thornberry

Publisher: Manchester University Press

ISBN: 1847795145

Category: Law

Page: 288

View: 2953

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' Land Rights under International Law

From Victims to Actors. Second Revised Edition

Author: Jérémie Gilbert

Publisher: BRILL

ISBN: 9004323252

Category: Political Science

Page: 350

View: 5176

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.

Eichmann in Jerusalem

Ein Bericht von der Banalität des Bösen

Author: Hannah Arendt

Publisher: Piper Verlag

ISBN: 3492962580

Category: Language Arts & Disciplines

Page: 448

View: 7692

Der ehemalige SS-Obersturmbannführer Adolf Eichmann gilt als einer der Hauptverantwortlichen für die »Endlösung« der Juden in Europa. Der Prozess gegen ihn fand 1961 in Jerusalem statt. Hannah Arendts Prozessbericht wurde von ihr 1964 als Buch publiziert und brachte eine Lawine ins Rollen: Es stieß bei seinem Erscheinen auf heftige Ablehnung in Israel, Deutschland und in den USA– und wurde zu einem Klassiker wie kaum ein anderes vergleichbares Werk zur Zeitgeschichte und ihrer Deutung.

Indigenous Peoples and Human Rights

International and Regional Jurisprudence

Author: Ben Saul

Publisher: Bloomsbury Publishing

ISBN: 1782252282

Category: Law

Page: 248

View: 3125

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.

Reflections on the UN Declaration on the Rights of Indigenous Peoples

Author: Stephen Allen,Alexandra Xanthaki

Publisher: Bloomsbury Publishing

ISBN: 1847316239

Category: Law

Page: 620

View: 3457

The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations General Assembly on 13 September 2007 was acclaimed as a major success for the United Nations system given the extent to which it consolidates and develops the international corpus of indigenous rights. This is the first in-depth academic analysis of this far-reaching instrument. Indigenous representatives have argued that the rights contained in the Declaration, and the processes by which it was formulated, obligate affected States to accept the validity of its provisions and its interpretation of contested concepts (such as 'culture', 'land', 'ownership' and 'self-determination'). This edited collection contains essays written by the main protagonists in the development of the Declaration; indigenous representatives; and field-leading academics. It offers a comprehensive institutional, thematic and regional analysis of the Declaration. In particular, it explores the Declaration's normative resonance for international law and considers the ways in which this international instrument could catalyse institutional action and influence the development of national laws and policies on indigenous issues.

Transforming Law and Institution

Indigenous Peoples, the United Nations and Human Rights

Author: Rhiannon Morgan

Publisher: Routledge

ISBN: 1317007573

Category: Political Science

Page: 214

View: 5723

In the past thirty or so years, discussions of the status and rights of indigenous peoples have come to the forefront of the United Nations human rights agenda. During this period, indigenous peoples have emerged as legitimate subjects of international law with rights to exist as distinct peoples. At the same time, we have witnessed the establishment of a number of UN fora and mechanisms on indigenous issues, including the UN Permanent Forum on Indigenous Issues, all pointing to the importance that the UN has come to place on the promotion and protection of indigenous peoples' rights. Morgan describes, analyses, and evaluates the efforts of the global indigenous movement to engender changes in UN discourse and international law on indigenous peoples' rights and to bring about certain institutional developments reflective of a heightened international concern. By the same token, focusing on the interaction of the global indigenous movement with the UN system, this book examines the reverse influence, that is, the ways in which interacting with the UN system has influenced the claims, tactical repertoires, and organizational structures of the movement.

Indigenous Peoples, Postcolonialism, and International Law

The ILO Regime (1919-1989)

Author: Luis Rodr?guez-Pi?ero

Publisher: Oxford University Press on Demand

ISBN: 9780199284641

Category: Political Science

Page: 410

View: 5187

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.