The Requirement of Consultation with Indigenous Peoples in the ILO

The Requirement of Consultation with Indigenous Peoples in the ILO PDF 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.

The Requirement of Consultation with Indigenous Peoples in the ILO

The Requirement of Consultation with Indigenous Peoples in the ILO PDF Author: Maria Victoria Cabrera Ormaza
Publisher: BRILL
ISBN: 9004356010
Category : Law
Languages : en
Pages : 262

Get Book

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.

Incorporating Indigenous Rights in the International Regime on Biodiversity Protection

Incorporating Indigenous Rights in the International Regime on Biodiversity Protection PDF Author: Federica Cittadino
Publisher: BRILL
ISBN: 9004364404
Category : Law
Languages : en
Pages : 401

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Book Description
In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination.

Manual for Drafting ILO Instruments

Manual for Drafting ILO Instruments PDF Author: International Labour Office. Office of the Legal Advisor
Publisher: International Labour Organization
ISBN: 9221186156
Category : Labor laws and legislation, International
Languages : en
Pages : 152

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Book Description


Research Handbook on the International Law of Indigenous Rights

Research Handbook on the International Law of Indigenous Rights PDF 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.

Indigenous Land Rights in the Inter-American System

Indigenous Land Rights in the Inter-American System PDF 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. This book analyzes the substance and procedure of the most advanced system of safeguarding these rights, developed in the Inter-American system of human rights protection.

A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples

A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples PDF Author: Catarina Woyames Dreher
Publisher: Springer Nature
ISBN: 3031505395
Category : Law
Languages : en
Pages : 268

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Book Description
This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work’s broader objective to explore legal facts as well as to evaluate the empirical evidence in light of theoretical considerations. It thereby expands the understanding of consultation as a right under national legal systems and considers practical ways on how to enforce domestic redress for avoiding legal indeterminacy. The conclusions of the analysis contribute to not only a better understanding of the subject matter but also showcase ways of how to improve the realities on the ground. The book puts forward a range of recommendations directed at national authorities, international organizations, development lenders and civil society to help improve the unsatisfactory present circumstances. The intended audience encompasses legal scholars, students, practitioners and journalists, as well as anyone interested in research on the realization of indigenous peoples’ rights and the role of international law in the 21st century.

Regaining Paradise Lost

Regaining Paradise Lost PDF Author: Mary Kristerie A. Baleva
Publisher:
ISBN: 9789004376779
Category : Heritage tourism
Languages : en
Pages : 0

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Book Description
Mary Kristerie A. Baleva's Regaining Paradise Lost: Indigenous Land Rights and Tourism uses the UN Guiding Principles on Business and Human Rights as its overarching legal framework to analyze the intersections of indigenous land rights and the tourism industry. Drawing from treatises, treaties, and case law, it traces the development of indigenous rights discourse from the Age of Discovery to the adoption of the UN Declaration on the Rights of Indigenous Peoples. The book highlights the Philippines, home to a rich diversity of indigenous peoples, and a country that considers tourism as an important contributor to economic development. It chronicles the Ati Community's 15-year struggle for recognition of their ancestral domains in Boracay Island, the region's premiere beach destination.

Indigenous Peoples in International Law

Indigenous Peoples in International Law PDF Author: S. James Anaya
Publisher: Oxford University Press, USA
ISBN: 019517349X
Category : Law
Languages : en
Pages : 410

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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.

Culture and International Economic Law

Culture and International Economic Law PDF Author: Valentina Vadi
Publisher: Routledge
ISBN: 1317910753
Category : Law
Languages : en
Pages : 307

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Book Description
Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the ‘clash of cultures’ between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture–related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.

The Prior Consultation of Indigenous Peoples in Latin America

The Prior Consultation of Indigenous Peoples in Latin America PDF Author: Claire Wright
Publisher: Routledge
ISBN: 1351042084
Category : Science
Languages : en
Pages : 249

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Book Description
This book delves into the reasons behind and the consequences of the implementation gap regarding the right to prior consultation and the Free, Prior and Informed Consent (FPIC) of Indigenous Peoples in Latin America. In recent years, the economic and political projects of Latin American States have become increasingly dependent on the extractive industries. This has resulted in conflicts when governments and international firms have made considerable investments in those lands that have been traditionally inhabited and used by Indigenous Peoples, who seek to defend their rights against exploitative practices. After decades of intense mobilisation, important gains have been made at international level regarding the opportunity for Indigenous Peoples to have a say on these matters. Notwithstanding this, the right to prior consultation and the FPIC of Indigenous Peoples on the ground are far from being fully applied and guaranteed. And, even when prior consultation processes are carried out, the outcomes remain uncertain. This volume rigorously investigates the causes of this implementation gap and its consequences for the protection of Indigenous Peoples’ rights, lands, identities and ways of life in the Latin American region. Chapter 8 and 18 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution 4.0 International (CC BY 4.0).