International Human Rights and Indigenous Peoples
International Human Rights and Indigenous Peoples

Author: S. James Anaya

Publisher: Aspen Publishing

Published: 2009-09-30

Total Pages: 400

ISBN-13: 0735562482

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This exciting book is the only one of its kind. International Human Rights and Indigenous Peoples (Aspen Elective Series) will be the first published compilation of materials and commentary intended for use in courses focusing on the subject of indigenous peoples within the international human rights system. S. James Anaya, co-author of the well-known casebook, International Human Rights: Problems of Law, Policy and Practice, uses carefully edited material from varied sources to illustrate the major issues facing indigenous peoples today. This unique addition to the Elective Series features: complete or edited versions of all the major contemporary international documents concerning indigenous peoples--declarations, treaties, decisions, and interpretive statements by international human rights and other institutions on the topic--placed in the context of relevant historical antecedents. materials highlighting the major issues concerning indigenous peoples, including issues of self-determination, culture, lands and resources, collective rights, state responsibility for historical wrongs, and the meaning of the "indigenous" rubric. The issues are then linked to actual cases concerning or situations faced by indigenous groups. edited materials from a range of authors along with insightful commentary providing in-depth discussion of the issues and developments discussion of the international and domestic mechanisms by which human rights norms concerning indigenous peoples are implemented. This provides students with an understanding of the practical implications of the norms and their potential strategic value. background material on the authority and workings of the various international institutions that are addressing indigenous issues, enabling students to understand the legal or political significance of the relevant developments and place those developments within the broader context of the international human rights system An invaluable resource for any course dealing with international human rights, International Human Rights and Indigenous Peoples (Aspen Elective Series) has just the right mix of institutional and case material, historical background and recent developments, and perceptive commentary.

Indigenous peoples and human rights
Indigenous peoples and human rights

Author: Patrick Thornberry

Publisher: Manchester University Press

Published: 2013-07-19

Total Pages: 535

ISBN-13: 1847795145

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This study of the rights of indigenous peoples looks at the historical, cultural, and legal background to the position of indigenous peoples in different cultures, including America, Africa and Australia. It defines "indigenous peoples" and looks at their position in international law.

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.

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.

Transforming Law and Institution
Transforming Law and Institution

Author: Rhiannon Morgan

Publisher: Ashgate Publishing, Ltd.

Published: 2011

Total Pages: 216

ISBN-13: 1409436128

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Morgan describes, analyses, and evaluates the efforts of the global indigenous movement to engender changes in UN discourse and international law on indigenous peoples' rights and to bring about certain institutional developments reflective of a heightened international concern. By the same token, focusing on the interaction of the global indigenous movement with the UN system, this book examines the reverse influence, that is, the ways in which interacting with the UN system has influenced the claims, tactical repertoires, and organizational structures of the movement.

The Inherent Rights of Indigenous Peoples in International Law
The Inherent Rights of Indigenous Peoples in International Law

Author: Antonietta Di Blase

Publisher: Roma TrE-Press

Published: 2020-02-24

Total Pages: 331

ISBN-13: 8832136929

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This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations. DOI: 10.13134/978-88-32136-92-0

Indigenous Land Rights in the Inter-American System
Indigenous Land Rights in the Inter-American System

Author: Mariana Monteiro de Matos

Publisher: BRILL

Published: 2020-10-12

Total Pages: 358

ISBN-13: 9004411275

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Rights to their traditional lands and resources are essential to the survival of indigenous peoples. This book analyzes the substance and procedure of the most advanced system of safeguarding these rights, developed in the Inter-American system of human rights protection.

Realizing the UN Declaration on the Rights of Indigenous Peoples
Realizing the UN Declaration on the Rights of Indigenous Peoples

Author: Jackie Hartley

Publisher: UBC Press

Published: 2010-05-01

Total Pages: 290

ISBN-13: 1895830567

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Adopted by the UN General Assembly on 13 September 2007, the United Nations Declaration on the Rights of Indigenous Peoples affirms the “minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.” The Declaration responds to past and ongoing injustices suffered by Indigenous peoples worldwide, and provides a strong foundation for the full recognition of the inherent rights of Indigenous peoples. Despite this, Canada was one of the few countries to oppose the Declaration. With essays from Indigenous leaders, legal scholars and practitioners, state representatives, and representatives from NGOs, contributors discuss the creation of the Declaration and how it can be used to advance human rights internationally.

Therapeutic Nations
Therapeutic Nations

Author: Dian Million

Publisher: University of Arizona Press

Published: 2013-09-26

Total Pages: 241

ISBN-13: 0816530181

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Self-determination is on the agenda of Indigenous peoples all over the world. This analysis by an Indigenous feminist scholar challenges the United Nations–based human rights agendas and colonial theory that until now have shaped Indigenous models of self-determination. Gender inequality and gender violence, Dian Million argues, are critically important elements in the process of self-determination. Million contends that nation-state relations are influenced by a theory of trauma ascendant with the rise of neoliberalism. Such use of trauma theory regarding human rights corresponds to a therapeutic narrative by Western governments negotiating with Indigenous nations as they seek self-determination. Focusing on Canada and drawing comparisons with the United States and Australia, Million brings a genealogical understanding of trauma against a historical filter. Illustrating how Indigenous people are positioned differently in Canada, Australia, and the United States in their articulation of trauma, the author particularly addresses the violence against women as a language within a greater politic. The book introduces an Indigenous feminist critique of this violence against the medicalized framework of addressing trauma and looks to the larger goals of decolonization. Noting the influence of humanitarian psychiatry, Million goes on to confront the implications of simply dismissing Indigenous healing and storytelling traditions. Therapeutic Nations is the first book to demonstrate affect and trauma’s wide-ranging historical origins in an Indigenous setting, offering insights into community healing programs. The author’s theoretical sophistication and original research make the book relevant across a range of disciplines as it challenges key concepts of American Indian and Indigenous studies.

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.