International Yearbook for Legal Anthropology, Volume 12 PDF Download
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Author: Richard Potz
Publisher: BRILL
ISBN: 904740694X
Category : Law
Languages : en
Pages : 233
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Book Description
The Yearbook brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject.
Author: Richard Potz
Publisher: BRILL
ISBN: 904740694X
Category : Law
Languages : en
Pages : 233
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Book Description
The Yearbook brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject.
Author: Paul Schiff Berman
Publisher: Oxford University Press
ISBN: 0197516769
Category : Law
Languages : en
Pages : 1133
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Book Description
Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.
Author: René Kuppe
Publisher: BRILL
ISBN: 9004639195
Category : Law
Languages : en
Pages : 294
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Book Description
The Law & Anthropology Yearbook brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. Volume 8 contains a selection of edited papers presented at the VIth International Symposium of the Commission on Folk Law and Legal Pluralism, dealing with the topic of `Indigenous Self-Determination and Legal Pluralism'.
Author: Maria Victoria Cabrera Ormaza
Publisher: BRILL
ISBN: 9004356010
Category : Law
Languages : en
Pages : 262
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Book Description
In The Requirement of Consultation with Indigenous Peoples in the ILO, María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach. Through a comprehensive analysis of state practice and human rights jurisprudence concerning indigenous peoples, the author explores the normative impact of ILO Convention No. 169, while revisiting the ILO’s potential to help harmonize different interpretations of the consultation requirement.
Author: Mariana Monteiro de Matos
Publisher: BRILL
ISBN: 9004411275
Category : Law
Languages : en
Pages : 358
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Book Description
Rights to their traditional lands and resources are essential to the survival of indigenous peoples. They have been formulated and advanced in the most progressive way by the Inter-American system of human rights protection. In this book, Mariana Monteiro de Matos analyzes, in detailed and comprehensive inquiry, the pertinent jurisprudence of the Inter-American Commission and Court of Human Rights. She identifies three distinct waves of decision regarding the objects of ownership or possession, the rights associated, and the holders of the rights. Originally, the book also offers a profound analysis of corollary procedural law.
Author: Christina Allard
Publisher: Routledge
ISBN: 1317117271
Category : Law
Languages : en
Pages : 364
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Book Description
This book contributes to the international debate on Indigenous Peoples Law, containing both in-depth research of Scandinavian historical and legal contexts with respect to the Sami and demonstrating current stances in Sami Law research. In addition to chapters by well-known Scandinavian experts, the collection also comments on the legal situation in Norway, Sweden and Finland in relation to other jurisdictions and indigenous peoples, in particular with experiences and developments in Canada and New Zealand. The book displays the current research frontier among the Scandinavian countries, what the present-day issues are and how the nation states have responded so far to claims of Sami rights. The study sheds light on the contrasts between the three countries on the one hand, and between Scandinavia, Canada and New Zealand on the other, showing that although there are obvious differences, for instance related to colonisation and present legal solutions, there are also shared experiences among the indigenous peoples and the States. Filling a gap in an under-researched area of Sami rights, this book will be a valuable resource for academics, researchers and policy-makers with an interest in Indigenous Peoples Law and comparative research.
Author: S. James Anaya
Publisher: Aspen Publishing
ISBN: 145486026X
Category : Law
Languages : en
Pages : 400
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Book Description
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.
Author: René Kuppe
Publisher: BRILL
ISBN: 9004478280
Category : Law
Languages : en
Pages : 332
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Book Description
The Law & Anthropology Yearbook brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. Volume 11 of Law & Anthropology includes eight studies that discuss various forms in which the rights of indigenous people are violated. Topics include: the emergence of indigenous law in Chile as an example of legal pluralism; the impact of Peruvian national legislation on indigenous peoples; and the fishing dispute in Atlantic Canada following the decision of the Supreme Court of Canada acknowledging that the aboriginal right to fish was never extinguished.
Author: Hilary E. Kahn
Publisher: Indiana University Press
ISBN: 0253012996
Category : Political Science
Languages : en
Pages : 353
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Book Description
Framing the Global explores new and interdisciplinary approaches to the study of global issues. Essays are framed around the entry points or key concepts that have emerged in each contributor's engagement with global studies in the course of empirical research, offering a conceptual toolkit for global research in the 21st century.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 758
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Book Description
