The Concept of Indigenous Peoples in Asia

The Concept of Indigenous Peoples in Asia

Author: Christian Erni

Publisher: IWGIA

Published: 2008

Total Pages: 5

ISBN-13: 8791563348

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Deals with the controversy in defining indigenous people and indogeneity. Discusses standard-setting activities in international law and ethno-nationalist interpretations in Asia, including 15 country profiles focusing on terms used, government positions, and recognized indigenous nationalities. Makes reference to the LO Indigenous and Tribal Populations Convention, 1957 (No. 107) and the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169).


Asian Indigenous Law

Asian Indigenous Law

Author: Masaji Chiba

Publisher: Routledge

Published: 2013-10-28

Total Pages: 431

ISBN-13: 1136142029

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First published in 1986. Western law is normally regarded as universal when considered from the fact that it has been received and utilized by non-Western countries as the basis of their own state legal systems. The reception of Western law by non-Western countries in modern times is the most influential encounter of non-Western law with foreign law. The major portion of this book is a collection of descriptions of typical non-Western countries from this viewpoint by native scholars.


Indigenous Peoples of Asia

Indigenous Peoples of Asia

Author: Robert Harrison Barnes

Publisher:

Published: 1995

Total Pages: 568

ISBN-13:

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Contains 18 articles dealing with, inter alia, the definition of "indigenous peoples", the question of ethnic identity, historical priority, self determination, the ownership and control of land and resources, ecological exploitation, the colonial heritage, and relations with the State.


The Asian Yearbook of Human Rights and Humanitarian Law

The Asian Yearbook of Human Rights and Humanitarian Law

Author:

Publisher: BRILL

Published: 2020-07-27

Total Pages: 538

ISBN-13: 9004431764

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The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 4 is India and Human Rights.


Routledge Handbook of Asian Law

Routledge Handbook of Asian Law

Author: Christoph Antons

Publisher: Routledge

Published: 2016-11-03

Total Pages: 771

ISBN-13: 1317337395

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The Routledge Handbook of Asian Law is a cutting-edge and comprehensive resource which surveys the interdisciplinary field of Asian Law. Written by an international team of experts, the chapters within cover issues as diverse as family law and Islamic courts, decentralisation and the revival of traditional forms of law, discourses on the rule of law, human rights, corporate governance and environmental protection The volume is divided into five parts covering: Asia in Law, and the Humanities and Social Sciences; The Political Economy of Law in Asia - Law in the Context of Asian Development; Asian traditions and their transformations; Law, the environment, and access to land and natural resources; People in Asia and their rights. Offering an overview of the full spectrum of Law in Asia, the Handbook is an invaluable resource for academics, researchers, lawyers, graduate and undergraduate students studying this ever-evolving field.


Land and Cultural Survival

Land and Cultural Survival

Author: Jayantha Perera

Publisher: Asian Development Bank

Published: 2009-09-01

Total Pages: 326

ISBN-13: 9292547135

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Development in Asia faces a crucial issue: the right of indigenous peoples to build a better life while protecting their ancestral lands and cultural identity. An intimate relationship with land expressed in communal ownership has shaped and sustained these cultures over time. But now, public and private enterprises encroach upon indigenous peoples' traditional domains, extracting minerals and timber, and building dams and roads. Displaced in the name of progress, indigenous peoples find their identities diminished, their livelihoods gone. Using case studies from Cambodia, India, Malaysia, and the Philippines, nine experts examine vulnerabilities and opportunities of indigenous peoples. Debunking the notion of tradition as an obstacle to modernization, they find that those who keep control of their communal lands are the ones most able to adapt.


Indigenous Peoples' Land Rights under International Law

Indigenous Peoples' Land Rights under International Law

Author: Jérémie Gilbert

Publisher: BRILL

Published: 2007-03-23

Total Pages: 352

ISBN-13: 9047431308

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This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.


Traditional Customary Laws and Indigenous Peoples in Asia

Traditional Customary Laws and Indigenous Peoples in Asia

Author: Raja Devasish Roy

Publisher: Minority Rights Group

Published: 2005-04-07

Total Pages: 40

ISBN-13: 1904584276

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For years, traditional laws – or customary laws – in Asia have been eroded. This report argues that remaining customary laws should be retained and discusses the extent to which their erosion can be reversed. Traditional Customary Laws and Indigenous Peoples in Asia focuses primarily on two types of customary law systems – personal or family law, and land and resource rights law – and considers the complex situation, which is far from uniform throughout Asia. For example, in some areas customary law systems and procedures are generally respected, while in other parts of Asia, customary law has been so eroded that it is virtually nonexistent and unrecognized by governments. There are also many examples that fall between these two situations. The author discusses the many challenges facing indigenous peoples in the pursuit of their customary law rights and many of the issues that have yet to be resolved within customary law systems. These include the occasional conflict between women’s rights and customary rights. The report focuses on the situation in the Chittagong Hill Tracts of Bangladesh, as well as including numerous examples from the Cordilleras in the Philippines; Jharkhand, Mizoram and Nagaland in India; northern Thailand; and Sabah and Sarawak in Malaysia, among others. Traditional Customary Laws and Indigenous Peoples in Asia is essential reading for indigenous peoples, nonindigenous government and political leaders and officials, staff of donor and development institutions and NGOs, and international bodies such as the United Nations.


The Oxford Handbook of Global Legal Pluralism

The Oxford Handbook of Global Legal Pluralism

Author: Paul Schiff Berman

Publisher: Oxford University Press, USA

Published: 2020-09-24

Total Pages: 1133

ISBN-13: 0197516742

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"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--