Author : Luis Rodríguez-Piñero
Publisher : Oxford University Press, USA
Page : 442 pages
File Size : 29,15 MB
Release : 2005
Category : Law
ISBN :
Analyses the work of the International Labour Organisation (ILO) in developing the status of indigenous peoples in international law. Focussing on the creation and implementation of the two legally binding international instruments in the area, this book traces the political processes in the struggle of indigenous peoples for legal recognition.
Author : Irene Watson
Publisher : Routledge
Page : 204 pages
File Size : 17,81 MB
Release : 2014-10-17
Category : History
ISBN : 1317938372
This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.
Author : Mohammad Shahabuddin
Publisher : Cambridge University Press
Page : 379 pages
File Size : 46,46 MB
Release : 2021-06-10
Category : Law
ISBN : 1108483674
A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.
Author : Mattias Åhrén
Publisher : Oxford University Press
Page : 465 pages
File Size : 43,30 MB
Release : 2016-03-10
Category : Law
ISBN : 0191083976
While many have explored the law governing the rights of indigenous peoples through an examination of relevant instruments and institutions, this book demonstrates that international indigenous rights can be best understood through the study of two questions: What is meant by 'peoples' and 'equality' under international law? Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume explains that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right to self-determination and sets out the content and scope of this right. The book additionally explores the contemporary meaning of 'equality', arguing that the understanding of equality fundamentally impacts what rights indigenous peoples possess over territories and natural resources. This book outlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.
Author : Sujith Xavier
Publisher : Routledge
Page : 271 pages
File Size : 40,47 MB
Release : 2021-05-24
Category : Law
ISBN : 100039655X
This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.
Author : S. James Anaya
Publisher : Oxford University Press, USA
Page : 414 pages
File Size : 48,83 MB
Release : 2004
Category : Law
ISBN : 9780195173505
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.
Author : Loretta Capeheart
Publisher : Rutgers University Press
Page : 427 pages
File Size : 48,83 MB
Release : 2020-05-15
Category : Political Science
ISBN : 197880685X
Drawing on contemporary issues ranging from globalization and neoliberalism to the environment, this essential textbook - ideal for course use - encourages readers to question the limits of the law in its present state in order to develop fairer systems at the local, national, and global levels.
Author : Jessie Hohmann
Publisher : Oxford University Press
Page : 731 pages
File Size : 50,71 MB
Release : 2018-03-23
Category : Law
ISBN : 0191653993
The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples
Author : Chidi Oguamanam
Publisher : University of Toronto Press
Page : 377 pages
File Size : 13,43 MB
Release : 2006-01-01
Category : Law
ISBN : 0802039022
Discusses the suitability of mainstream forms of intellectual propety rights to indigenous knowledge and efforts to reconcile the Western concept of intellectual property with indigenous knowledge.
Author : Newman, Dwight
Publisher : Edward Elgar Publishing
Page : 528 pages
File Size : 11,19 MB
Release : 2022-04-19
Category : Law
ISBN : 1788115791
This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising in international Indigenous rights law.
