The Foundations of Modern International Law on Indigenous and Tribal Peoples (2 Volume Set): The Preparatory Documents of the Indigenous and Tribal Peoples Convention, and Its Development through Supervision: Volume 1 and 2, Lee Swepston
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 title to territory throughout the colonial era.
Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples' self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry's increasingly pervasive reach will be provided by indigenous peoples themselves.
The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.
Автор: Lee Swepston Название: The Foundations of Modern International Law on Indigenous and Tribal Peoples: The Preparatory Documents of the Indigenous and Tribal Peoples Convention, and Its Development through Supervision. Volume 2: Human Rights and the Technical Articles ISBN: 9004289070 ISBN-13(EAN): 9789004289079 Издательство: Brill Цена: 220490.00 T Наличие на складе: Невозможна поставка. Описание: Also available as a print set of two, see isbn 9789004373754 The International Labour Organization is responsible for the only two international Conventions for the protection of the rights and cultures of indigenous and tribal peoples - the Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced it, and Convention No. 169 is the only one that can now be ratified. This volume, together with its companion published in 2015, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted. The author of this unique study was responsible for many years for the supervision of both Conventions by the ILO, and was intimately involved in the adoption of the 1989 instrument, as well as in international discussions on the subject. In writing this two-volume study, he foregoes a strict "travaux" approach, and discusses the organizational precedents and the subsequent practice under these instruments. The supervision of the application of these Conventions is very largely unknown in the wider human rights community, and even in the more specialized "indigenous community" that forms a special subset of human rights activists. This guide may be of some help in redressing that situation.
Автор: Gilbert Jeremie Название: Nomadic Peoples and Human Rights ISBN: 1138666491 ISBN-13(EAN): 9781138666498 Издательство: Taylor&Francis Рейтинг: Цена: 51030.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
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 issue of nomadism looking at issues including discrimination, persecution, freedom of movement, land rights, cultural and political rights, and effective management of natural resources. Jeremie Gilbert analyses the extent to which human rights law is able to provide protection for nomadic peoples to perpetuate their own way of life and culture. The book questions whether the current human rights regime is able to protect nomadic peoples, and highlights the lacuna that currently exists in international human rights law in relation to nomadic peoples. It goes on to propose avenues for the development of specific rights for nomadic peoples, offering a new reading on freedom of movement, land rights and development in the context of nomadism.
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, and the South Ossetians and the Abkhaz have seen their conflicts frozen because of the peculiar geo-political equilibrium of power within the Caucuses region.
The Rule of the Great Powers, which asserts that only those self-determination seeking entities which enjoy the support of the majority of the most powerful states (the Great Powers) will ultimately have their rights to self-determination fulfilled. The Great Powers, potent military, economic and political powerhouses such as the United States, China, Russia, Japan, the United Kingdom, France, Germany, and Italy, often dictate self-determination outcomes through their influence in global affairs. Issues of self-determination in the modern world can no longer be effectively resolved through the application of traditional legal rules; rather, resort must be had to novel theories, such as the Rule of the Great Powers.
This book will be of particular interest to academics and students of law, political science and international relations.
Автор: Picart Caroline Joan Название: Law in and as Culture: Intellectual Property, Minority Rights, and the Rights of Indigenous Peoples ISBN: 1611477212 ISBN-13(EAN): 9781611477214 Издательство: Неизвестно Рейтинг: Цена: 148670.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Two narratives are used in telling the story of indigenous peoples and minorities in relation to globalization and intellectual property rights. This book steers a careful path between Optimism and Fear, exploring how law functions in and as culture as it contours the landscape of intellectual property rights, as experienced by minorities.
Автор: Stephen Lynn Название: We Are the Face of Oaxaca: Testimony and Social Movements ISBN: 0822355191 ISBN-13(EAN): 9780822355199 Издательство: Wiley EDC Рейтинг: Цена: 101810.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
A massive uprising against the Mexican state of Oaxaca began with the emergence of the Popular Assembly of the Peoples of Oaxaca (APPO) in June 2006. A coalition of more than 300 organizations, APPO disrupted the functions of Oaxaca's government for six months. It began to develop an inclusive and participatory political vision for the state. Testimonials were broadcast on radio and television stations appropriated by APPO, shared at public demonstrations, debated in homes and in the streets, and disseminated around the world via the Internet.
The movement was met with violent repression. Participants were imprisoned, tortured, and even killed. Lynn Stephen emphasizes the crucial role of testimony in human rights work, indigenous cultural history, community and indigenous radio, and women's articulation of their rights to speak and be heard. She also explores transborder support for APPO, particularly among Oaxacan immigrants in Los Angeles. The book is supplemented by a website featuring video testimonials, pictures, documents, and a timeline of key events.
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