The Requirement of Consultation with Indigenous Peoples in the ILO
The Requirement of Consultation with Indigenous Peoples in the ILO

Author: Maria Victoria Cabrera Ormaza

Publisher: BRILL

Published: 2017-11-13

Total Pages: 262

ISBN-13: 9004356010

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In The Requirement of Consultation with Indigenous Peoples in the ILO, María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach. Through a comprehensive analysis of state practice and human rights jurisprudence concerning indigenous peoples, the author explores the normative impact of ILO Convention No. 169, while revisiting the ILO’s potential to help harmonize different interpretations of the consultation requirement.

Indigenous Peoples in International Law
Indigenous Peoples in International Law

Author: S. James Anaya

Publisher: Oxford University Press, USA

Published: 2004

Total Pages: 414

ISBN-13: 9780195173505

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In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.

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.

A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples
A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples

Author: Catarina Woyames Dreher

Publisher: Springer Nature

Published: 2024-01-05

Total Pages: 268

ISBN-13: 3031505395

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This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work’s broader objective to explore legal facts as well as to evaluate the empirical evidence in light of theoretical considerations. It thereby expands the understanding of consultation as a right under national legal systems and considers practical ways on how to enforce domestic redress for avoiding legal indeterminacy. The conclusions of the analysis contribute to not only a better understanding of the subject matter but also showcase ways of how to improve the realities on the ground. The book puts forward a range of recommendations directed at national authorities, international organizations, development lenders and civil society to help improve the unsatisfactory present circumstances. The intended audience encompasses legal scholars, students, practitioners and journalists, as well as anyone interested in research on the realization of indigenous peoples’ rights and the role of international law in the 21st century.

Making the Declaration Work
Making the Declaration Work

Author: Claire Charters

Publisher: International Work Group for Indigenous Affairs

Published: 2009

Total Pages: 404

ISBN-13:

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"The United Nations Declaration on the Rights of Indigenous Peoples is a culmination of a centuries-long struggle by indigenous peoples for justice. It is an important new addition to UN human rights instruments in that it promotes equality for the world's indigenous peoples and recognizes their collective rights."--Back cover.

International Labour Law
International Labour Law

Author: N. Valticos

Publisher: Springer Science & Business Media

Published: 2013-06-29

Total Pages: 266

ISBN-13: 9401744025

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This text was prepared as a monograph for the International Encyclopaedia for Labour Law and Industrial Relations. It is based on a more detailed work which appeared in French in 1970 and in Spanish in 1977. The material was brought up to date and recast to correspond to the type of monographs con tained in the Encyclopaedia, which were aimed at providing concise, but reasonably detailed information and analysis of national laws and practice. Thus indications concerning the historical background, important as they may be in the present case, as well as the discussion of a number of theoretical questions, have had to be considerably reduced. However, detailed, up-to date information is provided on the system of international labour standards and on the substantive provisions of the most important of these international instruments. As part of the Encyclopaedia for Labour Law and Industrial Relations, the present study will most probably reach those engaged in research in the field of labour law, as well as many employers' organisations and a large section of the trade union movement. However, it has been considered useful to publish the study also in book form to facilitate its use in wider circles such as university teachers and students, diplomats, politicians, international lawyers, and those engaged in daily trade union activities. Table of Contents List of Abbreviations 15 Introduction 17 CHAPTER I. HISTORICAL AND GENERAL BACKGROUND 17 § 1. Definition 17 §2. Historical development 17 §3.

The Prior Consultation of Indigenous Peoples in Latin America
The Prior Consultation of Indigenous Peoples in Latin America

Author: Claire Wright

Publisher: Routledge

Published: 2019-08-16

Total Pages: 243

ISBN-13: 1351042084

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This book delves into the reasons behind and the consequences of the implementation gap regarding the right to prior consultation and the Free, Prior and Informed Consent (FPIC) of Indigenous Peoples in Latin America. In recent years, the economic and political projects of Latin American States have become increasingly dependent on the extractive industries. This has resulted in conflicts when governments and international firms have made considerable investments in those lands that have been traditionally inhabited and used by Indigenous Peoples, who seek to defend their rights against exploitative practices. After decades of intense mobilisation, important gains have been made at international level regarding the opportunity for Indigenous Peoples to have a say on these matters. Notwithstanding this, the right to prior consultation and the FPIC of Indigenous Peoples on the ground are far from being fully applied and guaranteed. And, even when prior consultation processes are carried out, the outcomes remain uncertain. This volume rigorously investigates the causes of this implementation gap and its consequences for the protection of Indigenous Peoples’ rights, lands, identities and ways of life in the Latin American region. Chapter 8 and 18 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution 4.0 International (CC BY 4.0).

International Environmental Law and International Human Rights Law in Investment Treaty Arbitration
International Environmental Law and International Human Rights Law in Investment Treaty Arbitration

Author: Giovanna E. Gismondi

Publisher: Kluwer Law International B.V.

Published: 2023-08-22

Total Pages: 210

ISBN-13: 940353057X

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Policies aimed at the expansion of transnational capital are sometimes implemented at the expense of growing social inequality and popular frustration in host countries. This timely and deeply researched volume identifies – and offers new insights into – the growing use of and reliance upon international environmental and human rights law in the arbitration of investor–State disputes. It presents a comprehensive and pragmatic approach to the most effective way to connect international investment law to the protection of human rights and the environment. Based on an analysis of 30 arbitral awards, this book demonstrates how recent investment treaty arbitration – and in particular respondent States’ argumentation in arbitral proceedings – highlights the human rights and environmental considerations connected with such factors as the following: the fair and equitable treatment (FET) clause; jurisdictional obstacles; treaty conflict; role of amici curiae; damages; tribunal’s dilution of the significance of environmental and human rights law; corporate social responsibility; free, prior, and informed consent; social license to operate; and (in)applicability of the systemic approach to the interpretation of investment treaties. As investment arbitration continues to be challenged by growing demands for greater public involvement and for participation of third parties that are affected by the proceedings, this book responds to the need to reshape the investment regime into more human rights and environmentally friendly system. It will prove an invaluable resource for arbitral institutions, academics, arbitrators, arbitration counsel, and other participants in investment treaty arbitration.

Routledge Handbook of International Law
Routledge Handbook of International Law

Author: David Armstrong

Publisher: Routledge

Published: 2009-01-13

Total Pages: 756

ISBN-13: 1134113080

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The Routledge Handbook of International Law provides a definitive global survey of the interaction of international politics and international law. Each chapter is written by a leading expert and provides a state of the art overview of the most significant areas within the field. This highly topical collection of specially commissioned papers from both established authorities and rising stars is split into four key sections: The Nature of International Law including the interaction between the disciplines of International Law and International Relations The Evolution of International Law progressing from the ancient world to present day. Law and Power in International Society discussing topical issues such as the war in Iraq and the international criminal court Key Issues in International Law including international refugee law, indigenous rights, intellectual property, trade and the challenges presented by "new terrorism". A comprehensive survey of the state of the discipline, The Routledge Handbook of International Law is an essential work of reference for scholars and practitioners of international Law.

Principles of International Energy Transition Law
Principles of International Energy Transition Law

Author: édéric G. Sourgens

Publisher: Oxford University Press

Published: 2024-01-19

Total Pages: 401

ISBN-13: 0198876084

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Energy transition is a complex global problem, with governance and policies cutting across multiple legal silos including human rights, environment, international economics, finance, energy, law of the sea, and transnational commerce. As of yet, there is no comprehensive treatment of the legal principles governing energy transition as a whole. Furthermore, energy transition must solve a trilemma that pits energy equity (the need to provide access to energy needed to fuel human development) and energy security (the need to provide resilient and reliable energy systems) against environmental sustainability. Without a comprehensive understanding of these issues, law and policy-makers risk exacerbating rather than resolving the underlying problems. Principles of International Energy Transition Law introduces the energy transition problem by situating the climate emergency in its broader energy and development context, showing how global energy value chains are deeply enmeshed in and drive global economic and human development. It combines the different legal perspectives in one consistent analysis by outlining their interactions and showing how they can be reconciled. The book discusses thirty-two international legal principles governing different aspects of the energy transition trilemma's three parts. It then uses a commons governance perspective to propose a holistic approach to applying and balancing these different parts and their different legal principles. Highlighted sections summarise the most important concepts and ideas for easy reference, making the title particularly accessible for students and policy-makers as well as law practitioners.