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Book
Indigenous Peoples' Land Rights under International Law
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ISBN: 9004323252 9004323244 9789004323247 9789004323254 Year: 2016 Publisher: BRILL

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Abstract

This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements. The first edition of this ground-breaking book was published in 2006, at the time the negotiations for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) were still underway. The adoption of the Declaration in 2007 marks an important moment not only in terms of law-making, but also represents the achievement of long decades of lobbying and advocacy from indigenous peoples’ representatives. This fully revised new edition reflects on the 10 years which have followed the adoption of the UNDRIP and examines its impact regarding indigenous peoples’ land rights. Its aim is not only to assess the importance of the UNDRIP in terms of international standards, but also to reflect on the ‘maturing’ of international law in relation to indigenous peoples’ land rights. Over the last 10 years these have reached a new level of visibility and a voluminous new jurisprudence and doctrine have been developed. Praise for the first edition: 'Gilbert’s passion for his subject is palpable and illuminates every page, as do his zeal to expose international law’s complicity in indigenous peoples’ loss of their territories and tentative hope that international law might now provide some protection of indigenous peoples’ lands. The choice of topic is also to be applauded. There are few texts that examine indigenous peoples’ land rights in such depth.” Claire Charters, Associate Professor, University of Auckland, New Zealand (in International and Comparative Law Quarterly (ICLQ) 'Gilbert’s gaze is firmly fixed on the future and the question how international law will reflect lex ferenda on indigenous land rights. His interpretation of international law must be seen in this light. He is looking beyond the current controversies in the rights discourse towards a more conciliatory phase in state-indigenous relations. International law undoubtedly has an important role to play in his vision, but its primary function is to facilitate dialogue rather than as a combative and adversarial mechanism. (..) Gilbert’s book is a tour de force on indigenous territoriality.” Stephen Allen, Senior Lecturer in Law, Queen Mary University London, United Kingdom (in International Journal on Minority and Group Rights


Book
Indigenous peoples, title to territory, rights and resources: the transformative role of free prior and informed consent
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ISBN: 0415747767 1322327386 1315780666 1317703189 9780415747769 Year: 2014 Publisher: Routledge

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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"-- "The right of indigenous peoples to Free Prior and Informed Consent (FPIC) in relation to natural resource extraction in their territories is a principle that is increasingly recognised by intergovernmental organizations, international bodies, conventions and international human rights law as well as in the domestic law of some States. This book offers a comprehensive overview of the status of Free Prior and Informed Consent under international human rights law, considering the main controversies, obstacles and challenges associated with its recognition and implementation. The book examines the relationship between Free Prior and Informed Consent and territorial, resource and governance rights. The historical basis for FPIC is considered as well as the legitimacy of the dominant doctrines of exclusive State ownership of subsoil resources. The book argues that FPIC constitutes an emerging norm of international law with a tipping point having been reached in terms of the requirements recognition, both within and beyond the human rights regime. It draws on emerging jurisprudence from around the world, as well as evolving industry standards and policies, to illustrate the growing recognition of the fact that respect for the consent requirement is fundamental to securing indigenous peoples self-governance and territorial rights"--


Book
L'humanité face à la mondialisation : droit des peuples et environnement
Authors: --- ---
ISBN: 2738455174 9782738455178 Year: 1997 Publisher: Paris Montréal L'Harmattan

Indigenous peoples in international law
Author:
ISBN: 0195173503 9780195173505 Year: 2004 Publisher: Oxford : Oxford University Press,


Book
Indigenous peoples' status in the international legal system
Author:
ISBN: 9780198778196 0198778198 Year: 2016


Book
Research handbook on the international law of indigenous rights
Author:
ISBN: 1788115783 9781788115780 Year: 2022 Publisher: Cheltenham: Northampton: Edward Elgar Publishing,

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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 for Indigenous peoples.Offering readers an engaging review of ongoing lawmaking, adoption and implementation processes from both a global and regional perspective, it also investigates the important elements of Indigenous rights and economic issues, including trade, investment and economic growth. Furthermore, it offers timely coverage of environmental rights, land and natural resources.This essential Handbook will provide a useful discussion point for practitioners on Indigenous rights developments and scholars looking for an innovative approach on cutting-edge issues. Policymakers wanting to understand the major issues with the implementation of the UN Declaration on the Rights of Indigenous People (UNDRIP) will also find this invaluable.

Indigenous peoples in international law
Author:
ISBN: 0195086201 9780195086201 Year: 1996 Publisher: Oxford [etc.] : Oxford University Press,

Indigenous peoples, postcolonialism, and international law: the ILO regime (1919-1989)
Author:
ISBN: 9780199284641 0199284644 Year: 2005 Publisher: Oxford Oxford University Press


Book
Peuples autochtones dans le monde : les enjeux de la reconnaissance
Authors: ---
ISBN: 9782343011202 2343011206 Year: 2013 Publisher: Paris : Harmattan,


Book
Terres, territoires, ressources : politiques, pratiques et droits des peuples autochtones
Author:
ISBN: 9782343055435 2343055432 Year: 2014 Publisher: Paris : L'Harmattan,

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