Handbook of Indigenous Peoples' Rights
Handbook of Indigenous Peoples' Rights

Author: Damien Short

Publisher: Routledge

Published: 2016-02-05

Total Pages: 673

ISBN-13: 1136313850

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This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights. Chapters by experts in the field will examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the heart of debates on the rights of indigenous peoples. The book will address not only the major questions, such as ‘who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity, genocide, globalization and development, rights institutionalization and the environment.

The Routledge Handbook of Law and Society
The Routledge Handbook of Law and Society

Author: Mariana Valverde

Publisher: Routledge

Published: 2021-03-03

Total Pages: 370

ISBN-13: 1000345955

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This innovative handbook provides a comprehensive, and truly global, overview of the main approaches and themes within law and society scholarship or social-legal studies. A one-volume introduction to academic resources and ideas that are relevant for today’s debates on issues from reproductive justice to climate justice, food security, water conflicts, artificial intelligence, and global financial transactions, this handbook is divided into two sections. The first, ‘Perspectives and Approaches’, accessibly explains a variety of frameworks through which the relationship between law and society is addressed and understood, with emphasis on contemporary perspectives that are relatively new to many socio-legal scholars. Following the book’s overall interest in social justice, the entries in this section of the book show how conceptual tools originate in, and help to illuminate, real-world issues. The second and largest section of the book (42 short well-written pieces) presents reflections on topics or areas concerning law, justice, and society that are inherently interdisciplinary and that are relevance to current – but also classical – struggles around justice. Informing readers about the lineage of ideas that are used or could be used today for research and activism, the book attends to the full range of local, national and transnational issues in law and society. The authors were carefully chosen to achieve a diverse and non-Eurocentric view of socio-legal studies. This volume will be invaluable for law students, those in inter-disciplinary programs such as law and society, justice studies and legal studies, and those with interests in law, but based in other social sciences. It will also appeal to general readers interested in questions of justice and rights, including activists and advocates around the world.

Indigenous Peoples as Subjects of International Law
Indigenous Peoples as Subjects of International Law

Author: Irene Watson

Publisher: Taylor & Francis

Published: 2017-07-14

Total Pages: 237

ISBN-13: 1317240669

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For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.

Routledge Handbook of Critical Indigenous Studies
Routledge Handbook of Critical Indigenous Studies

Author: Brendan Hokowhitu

Publisher: Routledge

Published: 2020-12-30

Total Pages: 583

ISBN-13: 0429802374

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The Routledge Handbook of Critical Indigenous Studies is the first comprehensive overview of the rapidly expanding field of Indigenous scholarship. The book is ambitious in scope, ranging across disciplines and national boundaries, with particular reference to the lived conditions of Indigenous peoples in the first world. The contributors are all themselves Indigenous scholars who provide critical understandings of indigeneity in relation to ontology (ways of being), epistemology (ways of knowing), and axiology (ways of doing) with a view to providing insights into how Indigenous peoples and communities engage and examine the worlds in which they are immersed. Sections include: • Indigenous Sovereignty • Indigeneity in the 21st Century • Indigenous Epistemologies • The Field of Indigenous Studies • Global Indigeneity This handbook contributes to the re-centring of Indigenous knowledges, providing material and ideational analyses of social, political, and cultural institutions and critiquing and considering how Indigenous peoples situate themselves within, outside, and in relation to dominant discourses, dominant postcolonial cultures and prevailing Western thought. This book will be of interest to scholars with an interest in Indigenous peoples across Literature, History, Sociology, Critical Geographies, Philosophy, Cultural Studies, Postcolonial Studies, Native Studies, Māori Studies, Hawaiian Studies, Native American Studies, Indigenous Studies, Race Studies, Queer Studies, Politics, Law, and Feminism.

Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters
Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters

Author: Brendan Tobin

Publisher: Routledge

Published: 2014-08-27

Total Pages: 325

ISBN-13: 1317697545

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This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

Scales of Governance and Indigenous Peoples' Rights
Scales of Governance and Indigenous Peoples' Rights

Author: Irene Bellier

Publisher: Routledge

Published: 2019-10-08

Total Pages: 295

ISBN-13: 1317371496

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This book takes an interdisciplinary approach to the complicated power relations surrounding the recognition and implementation of Indigenous Peoples’ rights at multiple scales. The adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007 was heralded as the beginning of a new era for Indigenous Peoples’ participation in global governance bodies, as well as for the realization of their rights – in particular, the right to self-determination. These rights are defined and agreed upon internationally, but must be enacted at regional, national, and local scales. Can the global movement to promote Indigenous Peoples’ rights change the experience of communities at the local level? Or are the concepts that it mobilizes, around rights and political tools, essentially a discourse circulating internationally, relatively disconnected from practical situations? Are the categories and processes associated with Indigenous Peoples simply an extension of colonial categories and processes, or do they challenge existing norms and structures? This collection draws together the works of anthropologists, political scientists, and legal scholars to address such questions. Examining the legal, historical, political, economic, and cultural dimensions of the Indigenous Peoples' rights movement, at global, regional, national, and local levels, the chapters present a series of case studies that reveal the complex power relations that inform the ongoing struggles of Indigenous Peoples to secure their human rights. The book will be of interest to social scientists and legal scholars studying Indigenous Peoples’ rights, and international human rights movements in general.

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.

Indigenous Peoples, Title to Territory, Rights and Resources
Indigenous Peoples, Title to Territory, Rights and Resources

Author: Cathal M. Doyle

Publisher: Routledge

Published: 2014-11-20

Total Pages: 417

ISBN-13: 1317703170

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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.

Routledge Handbook of Indigenous Peoples and the Law
Routledge Handbook of Indigenous Peoples and the Law

Author: Mark Harris

Publisher: Routledge

Published: 2015-04-08

Total Pages: 384

ISBN-13: 9780415823753

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This volume explores the manners in which Indigenous peoples¿ experiences of the law has and is being transformed from an oppressive system of denying rights to the site of contestation and articulation of claims. The book provides a comprehensive survey of the experience of Indigenous peoples and their changing relationship with national and international juridical frameworks. The contributors all of whom are renowned experts in the field discuss topics including: legal identities and recognition; sovereignty and self-determination; Indigenous claims and international law; and Indigenous customary law and knowledge. Rather than focusing upon one regional or national grouping, the book includes studies of Indigenous Peoples¿ experiences of the law in Latin America, North America, Oceania, Africa and Asia. It provides an original analysis of Indigenous peoples¿ encounters with the law at both the national and international levels. The breadth and scholarship of this book makes it an essential reference work for students, scholars and practitioners working in the field.