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.
Описание: Oil and gas companies now recognize that industrial projects in the Canadian North can only succeed if Aboriginal communities are involved in decision-making processes. Where the Rivers Meet is an ethnographic account of Sahtu Dene involvement in the environmental assessment of the Mackenzie Gas Project, a massive pipeline that, if completed, would have unprecedented effects on Aboriginal communities in the North. The book reveals that while there has been some progress in establishing avenues for Dene participation in decision making, the ultimate assessment of such projects remains rooted in non-local beliefs about the nature of the environment, the commodification of land, and the inevitability of a hydrocarbon-based economy.
Описание: On 13 September 2007, the United Nations General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples. It marked the culmination of decades of struggle among indigenous peoples for a universal framework establishing minimum standards to ensure the survival, dignity and well-being of the indigenous peoples of the world. This publication looks back at ten-plus years of the Declaration’s existence—more than ten years both of implementation and progress and of unfulfilled expectations.
Автор: Doyle, Cathal M. (middlesex University, Uk) Название: Indigenous peoples, title to territory, rights and resources ISBN: 1138280461 ISBN-13(EAN): 9781138280465 Издательство: Taylor&Francis Рейтинг: Цена: 7042.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
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.
Автор: Boyd Robert Название: Indians, Fire, and the Land in the Pacific Northwest ISBN: 0870711482 ISBN-13(EAN): 9780870711480 Издательство: Bloomsbury Academic Рейтинг: Цена: 7633.00 р. Наличие на складе: Нет в наличии.
Описание: Drawing on historical journals, Native American informants, and botanical and forestry studies, the contributors to this book describe local patterns of fire use in eight ecoregions, representing all parts of the Native Northwest, from southwest Oregon to British Columbia and from Puget Sound to the Northern Rockies.
Often when Native nations assert their treaty rights and sovereignty, they are confronted with a backlash from their neighbors, who are fearful of losing control of the natural resources. Yet, when both groups are faced with an outside threat to their common environment--such as mines, dams, or an oil pipeline--these communities have unexpectedly joined together to protect the resources. Some regions of the United States with the most intense conflicts were transformed into areas with the deepest cooperation between tribes and local farmers, ranchers, and fishers to defend sacred land and water.
Unlikely Alliances explores this evolution from conflict to cooperation through place-based case studies in the Pacific Northwest, Great Basin, Northern Plains, and Great Lakes regions during the 1970s through the 2010s. These case studies suggest that a deep love of place can begin to overcome even the bitterest divides.
Описание: In this remarkable and deeply felt book, Virginia Kerns uncovers the singular and forgotten life of a young Indian woman who was captured in 1847 in what was then Mexican territory. Sold to a settler, a son-in-law of Brigham Young, the woman spent the next thirty years as a servant to Young's family. Sally, as they called her, lived in the shadows, largely unseen. She was later remembered as a 'wild' woman made 'tame' who happily shed her past to enter a new and better life in civilization.
Drawing from a broad range of primary sources, Kerns retrieves Sally from obscurity and reconstructs her complex life before, during, and after captivity. This true story from the American past resonates deeply in the current moment, attentive as it is to killing epidemics and racial injustices. In telling Sally's story, Kerns presents a new narrative of the American West.
Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. As Constitutional Crossroads makes clear, the 1982 constitutional package raises a host of questions about a number of important issues, including identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature of constitutional change.
This collection brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective analyses of different aspects of Canada’s constitution as it is understood in the twenty-first century. With a focus on the themes of rights, reconciliation, and constitutional change, Constitutional Crossroads provides profound insights into institutional relationships, public policy, and the state of the fields of law and politics.
Rights Remembered is a remarkable historical narrative and autobiography written by esteemed Lummi elder and culture bearer Pauline R. Hillaire, Scälla–Of the Killer Whale. A direct descendant of the immediate postcontact generation of Coast Salish in Washington State, Hillaire combines in her narrative life experiences, Lummi oral traditions preserved and passed on to her, and the written record of relationships between the United States and the indigenous peoples of the Northwest Coast to tell the story of settlers, government officials, treaties, reservations, and the colonial relationship between Coast Salish and the white newcomers.
Hillaire’s autobiography, although written out of frustration with the status of Native peoples in America, is not an expression of anger but rather represents, in her own words, her hope “for greater justice for Indian people in America, and for reconciliation between Indian and non-Indian Americans, based on recognition of the truths of history.”
Addressed to indigenous and non-Native peoples alike, this is a thoughtful call for understanding and mutual respect between cultures.
Описание: Examines the most visible outcome of the Southern Indian Rights Movement: state Indian affairs commissions. This book looks specifically at Alabama and Louisiana, places of intensive political activity during the civil rights era and increasing Indian visibility and tribal reorganization in the decades that followed.
Автор: Davis, Megan Williams, George Название: Everything you need to know about the uluru statement from the heart ISBN: 1742237401 ISBN-13(EAN): 9781742237404 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 2508.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: We leave base camp and start our trek across this vast country. We invite you to walk with us in a movement of the Australian people for a better future.
On 26 May 2017, after a historic process of consultation, the Uluru Statement from the Heart was read out. This clear and urgent call for reform to the community from Aboriginal and Torres Strait Islander peoples asked for the establishment of a First Nations Voice to Parliament protected in the constitution and a process of agreement-making and truth-telling. Voice. Treaty. Truth.
What was the journey to this point? What do Australians need to know about the Uluru Statement from the Heart? And how can these reforms be achieved?
Everything You Need to Know about the Uluru Statement from the Heart, written by Megan Davis and George Williams, two of Australia's best-known constitutional experts, is essential reading on how our Constitution was drafted, what the 1967 referendum achieved, and the lead-up and response to the Uluru Statement. Importantly, it explains how the Uluru Statement offers change that will benefit the whole nation.
Автор: Kedar Alexandre, Amara Ahmad, Yiftachel Oren Название: Emptied Lands: A Legal Geography of Bedouin Rights in the Negev ISBN: 150360358X ISBN-13(EAN): 9781503603585 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 9405.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Since its establishment, the Jewish State has devoted major efforts to secure control over the land of Israel. One example is the protracted legal and territorial strife between the Israeli state and its indigenous Bedouin citizens over traditional tribal land in the Negev in southern Israel. Emptied Lands investigates this multifaceted land dispute, placing it in historical, legal, geographical, and comparative perspective. The authors provide the first legal geographic analysis of the "dead Negev doctrine," which has been used by Israel to dispossess Bedouin inhabitants and Judaize the southern half of the country. Through crafty use of Ottoman and British laws, particularly the concept of "dead land," Israel has constructed its own version of terra nullius. Yet, the indigenous property system still functions, creating an ongoing resistance to the Jewish state. This study examines several key land claims and rulings and alternative routes for justice promoted by indigenous communities and civil society movements.
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