Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts
Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts

Author: Bertus de Villiers

Publisher: BRILL

Published: 2021-08-30

Total Pages: 295

ISBN-13: 9004461663

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This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.

The Ubiquity of Positive Measures for Addressing Systemic Discrimination and Inequality
The Ubiquity of Positive Measures for Addressing Systemic Discrimination and Inequality

Author: David Oppenheimer

Publisher: BRILL

Published: 2019-08-26

Total Pages: 120

ISBN-13: 900434599X

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"Positive measures to prevent and remedy discrimination have been adopted in many parts of the world. By comparing the scope and form of such measures in different legal systems, we can gain a better perspective on our own system, and appreciate possible new approaches. This book compares positive anti-discrimination measures in the United States, India, Brazil, South Africa, Canada, the United Kingdom, and the European Union"--

State of the World’s Minorities and Indigenous Peoples 2016
State of the World’s Minorities and Indigenous Peoples 2016

Author: Peter Grant

Publisher: Minority Rights Group

Published: 2016-07-12

Total Pages: 112

ISBN-13: 1907919805

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The unique cultures of minorities and indigenous peoples worldwide – spanning a wide variety of customs and practices – are under threat. This year’s edition of State of the World’s Minorities and Indigenous Peoples highlights the impact of land dispossession, forced assimilation and other forms of discrimination on the most fundamental aspects of their identity, including language, art, traditional knowledge and spirituality. But while the effects of this attrition can be devastating, minority and indigenous cultures have also been critical in strengthening communities and providing activists with a platform to fight for their rights. As this volume illustrates, ensuring that the cultural freedoms of minorities and indigenous peoples are protected is essential if their other rights are also to be respected.

Courts and Diversity
Courts and Diversity

Author: Bertus de Villiers

Publisher: BRILL

Published: 2024-03-04

Total Pages: 311

ISBN-13: 9004691693

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The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.

Indigenous Rights in the Modern Era
Indigenous Rights in the Modern Era

Author: Bertus de Villiers

Publisher: BRILL

Published: 2023-06-26

Total Pages: 467

ISBN-13: 9004545662

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International law is rich in promise but poor in detail and practical application about the rights of indigenous people. This book focuses on practical measures that have been implemented in states to give effect to free, prior and informed consent (FPIC); self-determination by indigenous people; special electoral measures to benefit indigenous people; and the role of advisory bodies to advocate for indigenous interests. In many comparative works there are often only scant or brief reference to some country-experiences, but in this book several case studies are explored in depth to promote a greater understanding of the self-determination arrangements that have been implemented. These case studies represent a form of glocalisation, whereby global principles are applied to find local solutions, and local solutions in turn inform greater clarity and specificity to global principles. At the end of each chapter key lessons that can be drawn from the respective case studies are identified in the hope that those may inform developments in other countries and in international law.

Indigenous Peoples and Climate Justice
Indigenous Peoples and Climate Justice

Author: Giada Giacomini

Publisher: Springer Nature

Published: 2022-10-10

Total Pages: 435

ISBN-13: 3031095081

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​This book provides a new interpretation of international law specifically dedicated to Indigenous peoples in the context of a climate justice approach. The book presents a critical analysis of past and current developments at the intersection of human rights and international environmental law and governance. The book suggests new ways forward and demonstrates the need for a paradigmatic shift that would enhance the meaningful participation of Indigenous peoples as fundamental actors in the conservation of biodiversity and in the fight against climate change. The book offers guidance on a number of critical intersecting and interdependent issues at the forefront of climate change law and policy – inside and outside of the UN climate change regime. The author suggests that the adoption of a critical perspective on international law is needed in order to highlight inherent structural and systemic issues of the international law regime which are all issues that ultimately impede the pursue of climate justice for Indigenous peoples.

Indonesian Law In Transition: Perspectives, Challenges and Prospects of Ongoing Law Reform
Indonesian Law In Transition: Perspectives, Challenges and Prospects of Ongoing Law Reform

Author: Saldi Isra

Publisher: PT. RajaGrafindo Persada - Rajawali Pers

Published: 2021-10-19

Total Pages: 268

ISBN-13: 6233720931

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Indonesia vast legal system is often misunderstood due to its complexity and pluralism It is an amalgamation of inherited Dutch civic and criminal codes, 76 years of national law development under both authoritarian and democratic administrations, as well as revivals of pre-colonial Islamic and customary adat law. As Indonesia economy and population continue to grow to among the largest in the world, it has never been more important to understand how the country’s laws are evolving The world’s third-largest democracy and home to the largest Muslim population, Indonesia is a law-based nation but faces an array of challenges in the ongoing reformation of the legal system Tackling corruption, protecting the environment, court reform, and implications of technological change are just a few of the issues. For 70 years, the Faculty of Law at Andalas University in Padang, West Sumatra, has been producing legal scholars and practitioners to help guide the development of Indonesia’s legal system Compiled by Saldi Isra, this book is a collection of contributions from the Law Faculty’s academic staff, who identify and explain some of the major constitutional, political, social and economic issues within Indonesia’s changing legal landscape.

ICECEM 2022
ICECEM 2022

Author: Mohammad Roqib

Publisher: European Alliance for Innovation

Published: 2023-12-11

Total Pages: 302

ISBN-13: 1631904310

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International Conference on Islamic Early Childhood Education in Multiperspectives (ICECEM) 2022 is a program of the Early Childhood Education study program at Prof.KH Saifuddin Zuhri Purwokerto State Islamic University. Aims to encourage and provide opportunities for researchers and academics to exchange views and opinions, answer and debate policy-relevant issues, and produce academic research outputs on important topics. The basic idea to encourage research in linguistics is to have maximum research impact on education, Islam, science, socio-culture, humanity, technology and digital.

Research Handbook on Family Property and the Law
Research Handbook on Family Property and the Law

Author: Margaret Briggs

Publisher: Edward Elgar Publishing

Published: 2024-06-05

Total Pages: 533

ISBN-13: 1802204687

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This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law.

Climate Change Litigation: Global Perspectives
Climate Change Litigation: Global Perspectives

Author: Ivano Alogna

Publisher: BRILL

Published: 2021-04-26

Total Pages: 567

ISBN-13: 900444761X

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This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.