Author: Cathal M. Doyle
Publisher: Routledge
ISBN: 1317703170
Category : Law
Languages : en
Pages : 417
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Book Description
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.
Author: Cathal M. Doyle
Publisher: Routledge
ISBN: 1317703189
Category : Law
Languages : en
Pages : 367
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Book Description
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.
Author: Roxanne Dunbar-Ortiz
Publisher: Beacon Press
ISBN: 0807013145
Category : History
Languages : en
Pages : 330
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Book Description
New York Times Bestseller Now part of the HBO docuseries "Exterminate All the Brutes," written and directed by Raoul Peck Recipient of the American Book Award The first history of the United States told from the perspective of indigenous peoples Today in the United States, there are more than five hundred federally recognized Indigenous nations comprising nearly three million people, descendants of the fifteen million Native people who once inhabited this land. The centuries-long genocidal program of the US settler-colonial regimen has largely been omitted from history. Now, for the first time, acclaimed historian and activist Roxanne Dunbar-Ortiz offers a history of the United States told from the perspective of Indigenous peoples and reveals how Native Americans, for centuries, actively resisted expansion of the US empire. With growing support for movements such as the campaign to abolish Columbus Day and replace it with Indigenous Peoples’ Day and the Dakota Access Pipeline protest led by the Standing Rock Sioux Tribe, An Indigenous Peoples’ History of the United States is an essential resource providing historical threads that are crucial for understanding the present. In An Indigenous Peoples’ History of the United States, Dunbar-Ortiz adroitly challenges the founding myth of the United States and shows how policy against the Indigenous peoples was colonialist and designed to seize the territories of the original inhabitants, displacing or eliminating them. And as Dunbar-Ortiz reveals, this policy was praised in popular culture, through writers like James Fenimore Cooper and Walt Whitman, and in the highest offices of government and the military. Shockingly, as the genocidal policy reached its zenith under President Andrew Jackson, its ruthlessness was best articulated by US Army general Thomas S. Jesup, who, in 1836, wrote of the Seminoles: “The country can be rid of them only by exterminating them.” Spanning more than four hundred years, this classic bottom-up peoples’ history radically reframes US history and explodes the silences that have haunted our national narrative. An Indigenous Peoples' History of the United States is a 2015 PEN Oakland-Josephine Miles Award for Excellence in Literature.
Author: S. James Anaya
Publisher:
ISBN: 9780195173505
Category : Law
Languages : en
Pages : 414
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Book Description
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: Charmaine White Face
Publisher:
ISBN: 9780972188685
Category : Indigenous peoples
Languages : en
Pages : 144
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Book Description
"Comparing three different versions of the UN Declaration on the Rights of Indigenous Peoples (DRIP), Indigenous Nations' Rights in the Balance analyses the implications of the changes made to DRIP for Indigenous Peoples and Nations. This is a foundational text for Indigenous law and rights and the global struggle of Indigenous Peoples in the face of modern states. Between 1994 and 2007, three different versions of the Declaration on the Rights of Indigenous Peoples were passed by various bodies of the United Nations, culminating in the final version passed by the UN General Assembly. Significant differences exist between these versions--differences that deeply affect the position of all Indigenous Peoples in the world community. In Indigenous Nations' Rights in the Balance, Charmaine White Face gives her well-researched comparative analysis of these versions. She puts side-by-side, for our consideration, passages that change the intent of the Declaration by privileging the power and jurisdiction of nation states over the rights of Indigenous Peoples. As Spokesperson representing the Sioux Nation Treaty Council in UN proceedings, she also gives her insights about each set of changes and their ultimate effect."--Publisher's description.
Author: Newman, Dwight
Publisher: Edward Elgar Publishing
ISBN: 1788115791
Category : Law
Languages : en
Pages : 528
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Book Description
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.
Author: Dawn Chatty
Publisher: Berghahn Books
ISBN: 1782381856
Category : Social Science
Languages : en
Pages : 416
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Book Description
Wildlife conservation and other environmental protection projects can have tremendous impact on the lives and livelihoods of the often mobile, difficult-to-reach, and marginal peoples who inhabit the same territory. The contributors to this collection of case studies, social scientists as well as natural scientists, are concerned with this human element in biodiversity. They examine the interface between conservation and indigenous communities forced to move or to settle elsewhere in order to accommodate environmental policies and biodiversity concerns. The case studies investigate successful and not so successful community-managed, as well as local participatory, conservation projects in Africa, the Middle East, South and South Eastern Asia, Australia and Latin America. There are lessons to be learned from recent efforts in community managed conservation and this volume significantly contributes to that discussion.
Author: Rick Colbourne
Publisher: Routledge
ISBN: 1000753964
Category : Business & Economics
Languages : en
Pages : 309
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Book Description
In this book, we explore the economic wellbeing of Indigenous peoples globally through case studies that provide practical examples of how Indigenous wellbeing is premised on sustainable self- determination that is in turn dependent on a community’s evolving model for economic development, its cultural traditions, its relationship to its traditional territories and its particular spiritual practices. Adding to the richness, geographically these chapters cover North, Central and South America, Northern Europe, the Circumpolar Arctic, Southern Europe, the Middle East, Asia and Oceania and a resulting diverse set of Indigenous peoples. The book addresses key issues related to economic, environmental, social and cultural value creation activities and provides numerous examples and case studies of Indigenous communities globally which have successfully used entrepreneurship in the pursuit of sustainable development and wellbeing. Readers will gain practical understandings of the nature of sustainable economic development from a cross- section of case studies of Indigenous perspectives globally. The chapters map out the international development of Indigenous rights and the influence that this has had on Indigenous communities globally in asserting their sovereignty and acting on their rights to develop sustainable governance and economic development practices. Readers will develop insights into the intersection of Indigenous governance with sustainable practice and community wellbeing through practical case studies that explain the need for Indigenous- led economic development and governance strategies, which are responsive to local, regional, national and international realities in developing sustainable Indigenous economies focused on economic, environmental, social and cultural value creation. This book will be useful for Indigenous and non- Indigenous business students studying undergraduate business or MBA programs who seek to understand the global context and the varied experiences of Indigenous peoples in developing sustainable economic development strategies that promote community wellbeing.
Author: Ciaran O'Faircheallaigh
Publisher: Oxford University Press
ISBN: 0192894560
Category : Business & Economics
Languages : en
Pages : 353
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Book Description
Indigenous peoples have occupied their territories for thousands of years, territories that are increasingly being mined by an industry applying the most modern extractive, marketing, and transport technologies on a scale that can be difficult to comprehend. Mining reshapes landscapes, literally moving mountains and diverting rivers; the Indigenous owners of these landscapes often believe them to have been originally shaped by ancestor beings who still reside at mining locations. This book seeks to understand the political, social, economic, and cultural dynamic that is created by the relentless expansion of mining into Indigenous territories. Contributing to such an understanding involves a task of global significance: Indigenous peoples embody a large part of the world's linguistic and cultural diversity; their lands cover an estimated 25 per cent of the world's land surface, intersect with about 40 per cent of all ecologically intact landscapes, and contain a large proportion of the world's mineral resources. Must interaction between Indigenous peoples and mining involve the destruction of Indigenous peoples, territories, and cultures? Can the remarkable resilience that has allowed Indigenous peoples to survive for millennia enable them not only to survive, but to capitalize on the development opportunities offered by mining? What role are governments, international organizations, and civil society playing in shaping relations between mining and Indigenous peoples? Ciaran O'Faircheallaigh addresses these and other questions by drawing on his own 30 years of experience working with Indigenous communities as they deal with mining projects, and on the experiences of Indigenous peoples in some 15 countries from different regions of the globe.
Author: Stephen J. Turner
Publisher: Cambridge University Press
ISBN: 1108482244
Category : Business & Economics
Languages : en
Pages : 455
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Book Description
A comprehensive and systematic guide to environmental rights and their relationship with standards of protection globally, nationally and locally.
