Kategoria BISAC: Law >> Indigenous Peoples

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...

People in rural South Africa live subject to at least two distinct legal universes, and their respective dispute management forums: state law and vernacular law. This book discusses how contemporary rural people use vernacular dispute management forums and what needs exist for the legal regulation thereof. The author takes the discussion of how 'traditional courts' are to be regulated out of the legislative arena back to the empirical context in which these forums exist and operate. The book provides in-depth understanding of the empirical realities of vernacular dispute management and the...