Kategoria BISAC: Law >> Indigenous Peoples

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...

Winner of the 2014 Southwest Book Award from the Border Regional Library Association

This long-awaited book is the most detailed and up-to-date account of the complex history of Pueblo Indian land in New Mexico, beginning in the late seventeenth century and continuing to the present day. The authors have scoured documents and legal decisions to trace the rise of the mysterious Pueblo League between 1700 and 1821 as the basis of Pueblo land under Spanish rule. They have also provided a detailed analysis of Pueblo lands after 1821 to determine how the Pueblos and their non-Indian...

The adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples was heralded as the beginning of a new era for Indigenous Peoples' participation in global governance bodies, as well as for the realization of Indigenous Peoples' rights and self-determination. The category of 'Indigenous Peoples' is today defined by the historic and on-going dispossession, displacement and control of groups and individuals. To what extent, though, do Indigenous Peoples' rights, and their recognition and implementation, represent 'new' concepts and phenomena? And to what extent are...

Today human rights represent a primary concern of the international legal system. The international community s commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, "inter alia," its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007...

This book proposes a novel theory of self-determination; the Rule of the Great Powers. This book argues that traditional legal norms on self-determination have failed to explain and account for recent results of secessionist self-determination struggles. While secessionist groups like the East Timorese, the Kosovar Albanians and the South Sudanese have been successful in their quests for independent statehood, other similarly situated groups have been relegated to an at times violent existence within their mother states. Thus, Chechens still live without significant autonomy within Russia,...

Although nomadic peoples are scattered worldwide and have highly heterogeneous lifestyles, they face similar threats to their mobile livelihood and survival. Commonly, nomadic peoples are facing pressure from the predominant sedentary world over mobility, land rights, water resources, access to natural resources, and migration routes. Adding to these traditional problems, rapid growth in the extractive industry and the need for the exploitation of the natural resources are putting new strains on nomadic lifestyles.

This book provides an innovative rights-based approach to...

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...

In 1982, Canada formally recognized Aboriginal rights within its Constitution. The move reflected a consensus that states should and could use group rights to protect and accommodate subnational groups within their borders. Decades later, however, no one is happy. This state of affairs, Panagos argues, is rooted in a failure to define what aboriginality means, which has led to the promotion and protection of a single vision of aboriginality ? that of the justices of the Supreme Court. He concludes that there can be no justice so long as the state continues to safeguard a set of values and...