Author: Lee Swepston
Publisher: BRILL
ISBN: 9004289062
Category : Law
Languages : en
Pages : 403
Book Description
Also available as a print set of two, see isbn 9789004373754 The International Labour Organization is responsible for the only two international Conventions ever adopted for the protection of the rights and cultures of indigenous and tribal peoples. The Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced Convention No. 107, are the only international Conventions ever adopted on the subject, and Convention No. 169 is the only one that can now be ratified. This volume, and its companion to be published at a later date, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights Of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted. The author of this unique study was responsible for many years for the supervision of both Conventions in the ILO’s supervisory machinery, and was intimately involved in the adoption of the 1989 instrument, as well as in international discussions on the subject of indigenous and tribal peoples.
The Foundations of Modern International Law on Indigenous and Tribal Peoples
Author: Lee Swepston
Publisher: BRILL
ISBN: 9004289089
Category : Law
Languages : en
Pages : 354
Book Description
Also available as a print set of two, see isbn 9789004373754 The International Labour Organization is responsible for the only two international Conventions for the protection of the rights and cultures of indigenous and tribal peoples - the Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced it, and Convention No. 169 is the only one that can now be ratified. This volume, together with its companion published in 2015, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted. The author of this unique study was responsible for many years for the supervision of both Conventions by the ILO, and was intimately involved in the adoption of the 1989 instrument, as well as in international discussions on the subject. In writing this two-volume study, he foregoes a strict “travaux” approach, and discusses the organizational precedents and the subsequent practice under these instruments. The supervision of the application of these Conventions is very largely unknown in the wider human rights community, and even in the more specialized “indigenous community” that forms a special subset of human rights activists. This guide may be of some help in redressing that situation.
Publisher: BRILL
ISBN: 9004289089
Category : Law
Languages : en
Pages : 354
Book Description
Also available as a print set of two, see isbn 9789004373754 The International Labour Organization is responsible for the only two international Conventions for the protection of the rights and cultures of indigenous and tribal peoples - the Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced it, and Convention No. 169 is the only one that can now be ratified. This volume, together with its companion published in 2015, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted. The author of this unique study was responsible for many years for the supervision of both Conventions by the ILO, and was intimately involved in the adoption of the 1989 instrument, as well as in international discussions on the subject. In writing this two-volume study, he foregoes a strict “travaux” approach, and discusses the organizational precedents and the subsequent practice under these instruments. The supervision of the application of these Conventions is very largely unknown in the wider human rights community, and even in the more specialized “indigenous community” that forms a special subset of human rights activists. This guide may be of some help in redressing that situation.
The Foundations of Modern International Law on Indigenous and Tribal Peoples
Author: Lee Swepston
Publisher: BRILL
ISBN: 9004289062
Category : Law
Languages : en
Pages : 403
Book Description
Also available as a print set of two, see isbn 9789004373754 The International Labour Organization is responsible for the only two international Conventions ever adopted for the protection of the rights and cultures of indigenous and tribal peoples. The Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced Convention No. 107, are the only international Conventions ever adopted on the subject, and Convention No. 169 is the only one that can now be ratified. This volume, and its companion to be published at a later date, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights Of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted. The author of this unique study was responsible for many years for the supervision of both Conventions in the ILO’s supervisory machinery, and was intimately involved in the adoption of the 1989 instrument, as well as in international discussions on the subject of indigenous and tribal peoples.
Publisher: BRILL
ISBN: 9004289062
Category : Law
Languages : en
Pages : 403
Book Description
Also available as a print set of two, see isbn 9789004373754 The International Labour Organization is responsible for the only two international Conventions ever adopted for the protection of the rights and cultures of indigenous and tribal peoples. The Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced Convention No. 107, are the only international Conventions ever adopted on the subject, and Convention No. 169 is the only one that can now be ratified. This volume, and its companion to be published at a later date, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights Of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted. The author of this unique study was responsible for many years for the supervision of both Conventions in the ILO’s supervisory machinery, and was intimately involved in the adoption of the 1989 instrument, as well as in international discussions on the subject of indigenous and tribal peoples.
The Genocide Convention: The Travaux Préparatoires (2 vols)
Author: Hirad Abtahi
Publisher: BRILL
ISBN: 9047431375
Category : Law
Languages : en
Pages : 2274
Book Description
This work gathers together for the first time in a single publication the records of the multitude of meetings which, in the context of the newly established United Nations, led to the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide on 9 December 1948. This work will enable academics and practitioners easy access to the Genocide Convention’s travaux préparatoires – an endeavour that has until now proven extremely difficult. This work will be of paramount importance for the international adjudication of the crime of genocide insofar as recourse to the “general rule of interpretation” and the “supplementary means of interpretation” under the 1969 Vienna Convention on the Law of Treaties is concerned.
Publisher: BRILL
ISBN: 9047431375
Category : Law
Languages : en
Pages : 2274
Book Description
This work gathers together for the first time in a single publication the records of the multitude of meetings which, in the context of the newly established United Nations, led to the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide on 9 December 1948. This work will enable academics and practitioners easy access to the Genocide Convention’s travaux préparatoires – an endeavour that has until now proven extremely difficult. This work will be of paramount importance for the international adjudication of the crime of genocide insofar as recourse to the “general rule of interpretation” and the “supplementary means of interpretation” under the 1969 Vienna Convention on the Law of Treaties is concerned.
Indigenous Peoples in International Law
Author: S. James Anaya
Publisher:
ISBN: 9780195173505
Category : Law
Languages : en
Pages : 414
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.
Publisher:
ISBN: 9780195173505
Category : Law
Languages : en
Pages : 414
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.
The UN Declaration on the Rights of Indigenous Peoples
Author: Jessie Hohmann
Publisher: Oxford University Press
ISBN: 0191653993
Category : Law
Languages : en
Pages : 731
Book Description
The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples
Publisher: Oxford University Press
ISBN: 0191653993
Category : Law
Languages : en
Pages : 731
Book Description
The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples
Public Participation and Foreign Investment Law
Author: Eric De Brabandere
Publisher: BRILL
ISBN: 9004397663
Category : Law
Languages : en
Pages : 462
Book Description
Public Participation and Foreign Investment Law offers a systematic treatment of public participation from the standpoint of the three main sources of foreign investment law, namely treaties, legislation and contracts. It identifies and critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. From this perspective, the book looks at public participation as vehicle to strike a balance between private and public rights and interests. This book contributes to the understanding of the current forms, level and impact of public participation. It provides indications on how such participation could be enhanced with a view of improving the balance and legitimacy of the legal instrument related to the promotion and protection of foreign investments.
Publisher: BRILL
ISBN: 9004397663
Category : Law
Languages : en
Pages : 462
Book Description
Public Participation and Foreign Investment Law offers a systematic treatment of public participation from the standpoint of the three main sources of foreign investment law, namely treaties, legislation and contracts. It identifies and critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. From this perspective, the book looks at public participation as vehicle to strike a balance between private and public rights and interests. This book contributes to the understanding of the current forms, level and impact of public participation. It provides indications on how such participation could be enhanced with a view of improving the balance and legitimacy of the legal instrument related to the promotion and protection of foreign investments.
International Law and History
Author: Ignacio de la Rasilla
Publisher: Cambridge University Press
ISBN: 1108473407
Category : Law
Languages : en
Pages : 465
Book Description
The first contemporary historiography of international law and an essential methodological guide for researching international legal history.
Publisher: Cambridge University Press
ISBN: 1108473407
Category : Law
Languages : en
Pages : 465
Book Description
The first contemporary historiography of international law and an essential methodological guide for researching international legal history.
Research Handbook on Human Rights and Poverty
Author: Martha F. Davis
Publisher: Edward Elgar Publishing
ISBN: 1788977513
Category : Political Science
Languages : en
Pages : 621
Book Description
This important Research Handbook explores the nexus between human rights, poverty and inequality as a critical lens for understanding and addressing key challenges of the coming decades, including the objectives set out in the Sustainable Development Goals. The Research Handbook starts from the premise that poverty is not solely an issue of minimum income and explores the profound ways that deprivation and distributive inequality of power and capability relate to economic, social, cultural, civil and political rights.
Publisher: Edward Elgar Publishing
ISBN: 1788977513
Category : Political Science
Languages : en
Pages : 621
Book Description
This important Research Handbook explores the nexus between human rights, poverty and inequality as a critical lens for understanding and addressing key challenges of the coming decades, including the objectives set out in the Sustainable Development Goals. The Research Handbook starts from the premise that poverty is not solely an issue of minimum income and explores the profound ways that deprivation and distributive inequality of power and capability relate to economic, social, cultural, civil and political rights.
Dictionary of Public International Law
Author: Curtis F.J. Doebbler
Publisher: Rowman & Littlefield
ISBN: 153811125X
Category : Law
Languages : en
Pages : 701
Book Description
Significant use has been made of the jurisprudence of the International Court of Justice because it is the principle judicial organ of the world's most universal international organization, the United Nations. Moreover, article 103 of the Charter of the United Nations makes the obligations in this treaty superior any other treaty obligations into which States may enter. The Dictionary of Public International Law contains a chronology, an introduction, glossary of Foreign Terms, tables of Treaties and Cases, an extensive bibliography, and an index. The dictionary section has over 400 cross-referenced entries on significant persons, important treaties and conventions, organizations and tribunals, and important cases and issues they have dealt with. This book is an excellent resource for students, researchers, and anyone wanting to know more about international law.
Publisher: Rowman & Littlefield
ISBN: 153811125X
Category : Law
Languages : en
Pages : 701
Book Description
Significant use has been made of the jurisprudence of the International Court of Justice because it is the principle judicial organ of the world's most universal international organization, the United Nations. Moreover, article 103 of the Charter of the United Nations makes the obligations in this treaty superior any other treaty obligations into which States may enter. The Dictionary of Public International Law contains a chronology, an introduction, glossary of Foreign Terms, tables of Treaties and Cases, an extensive bibliography, and an index. The dictionary section has over 400 cross-referenced entries on significant persons, important treaties and conventions, organizations and tribunals, and important cases and issues they have dealt with. This book is an excellent resource for students, researchers, and anyone wanting to know more about international law.
Citizens Plus
Author: Alan C. Cairns
Publisher: UBC Press
ISBN: 0774841354
Category : Social Science
Languages : en
Pages : 290
Book Description
In Citizens Plus, Alan Cairns unravels the historical record to clarify the current impasse in negotiations between Aboriginal peoples and the state. He considers the assimilationist policy assumptions of the imperial era, examines more recent government initiatives, and analyzes the emergence of the nation-to-nation paradigm given massive support by the Royal Commission on Aboriginal Peoples. We are battered by contending visions, he argues - a revised assimilation policy that finds its support in the Canadian Alliance Party is countered by the nation-to-nation vision, which frames our future as coexisting solitudes. Citizens Plus stakes out a middle ground with its support for constitutional and institutional arrangements which will simultaneously recognize Aboriginal difference and reinforce a solidarity which binds us together in common citizenship. Selected as a BC Book for Everybody
Publisher: UBC Press
ISBN: 0774841354
Category : Social Science
Languages : en
Pages : 290
Book Description
In Citizens Plus, Alan Cairns unravels the historical record to clarify the current impasse in negotiations between Aboriginal peoples and the state. He considers the assimilationist policy assumptions of the imperial era, examines more recent government initiatives, and analyzes the emergence of the nation-to-nation paradigm given massive support by the Royal Commission on Aboriginal Peoples. We are battered by contending visions, he argues - a revised assimilation policy that finds its support in the Canadian Alliance Party is countered by the nation-to-nation vision, which frames our future as coexisting solitudes. Citizens Plus stakes out a middle ground with its support for constitutional and institutional arrangements which will simultaneously recognize Aboriginal difference and reinforce a solidarity which binds us together in common citizenship. Selected as a BC Book for Everybody