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Indigenous Peoples Customary Law and Human Rights Why Living Law Matters

Indigenous Peoples  Customary Law and Human Rights     Why Living Law Matters Author Brendan Tobin
ISBN-10 9781317697541
Release 2014-08-27
Pages 304
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This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.



Indigenous Peoples Customary Law and Human Rights Why Living Law Matters

Indigenous Peoples  Customary Law and Human Rights Why Living Law Matters Author Brendan Tobin
ISBN-10 1138019682
Release 2014-08-26
Pages 326
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This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples' human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples' lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples' rights to their customary legal regimes and states' obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.



Indigenous People and Economic Development

Indigenous People and Economic Development Author Katia Iankova
ISBN-10 9781317117308
Release 2016-03-22
Pages 344
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Indigenous peoples are an intrinsic part of countries like Australia, New Zealand, Canada, Finland, USA, India, Russia and almost all parts of South America and Africa. A considerable amount of research has been done during the twentieth century mainly by anthropologists, sociologists and linguists in order to describe, and document their traditional life style for the protection and safeguarding of their established knowledge, skills, languages and beliefs. These communities are engaging and adapting rapidly to the changing circumstances partly caused by post modernisation and the process of globalization. These have led them to aspire to better living standards, as well as preserving their uniqueness, approaches to environment, close proximity to social structures and communities. For at least the last two decades, patterns of increased economic activity by indigenous peoples in many countries have been viewed to be significantly on the rise. Indigenous People and Economic Development reveals some of the characteristics of this economic activity, 'coloured' by the unique regard and philosophy of life that indigenous people around the world have. The successes, difficulties and obstacles to economic development, their solutions and innovative practices in business - all of these elements, based on research findings, are discussed in this book and offer an inside view of the dynamics of the indigenous societies which are evolving in a globalised and highly interconnected contemporary world.



Handbook of Indigenous Peoples Rights

Handbook of Indigenous Peoples  Rights Author Damien Short
ISBN-10 9781136313851
Release 2016-02-05
Pages 486
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This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights. Chapters by experts in the field will examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the heart of debates on the rights of indigenous peoples. The book will address not only the major questions, such as ‘who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity, genocide, globalization and development, rights institutionalization and the environment.



Routledge Handbook of Biodiversity and the Law

Routledge Handbook of Biodiversity and the Law Author Charles R. McManis
ISBN-10 9781315530833
Release 2017-11-27
Pages 422
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This volume provides a reference textbook and comprehensive compilation of multifaceted perspectives on the legal issues arising from the conservation and exploitation of non-human biological resources. Contributors include leading academics, policy-makers and practitioners reviewing a range of socio-legal issues concerning the relationships between humankind and the natural world. The Routledge Handbook of Biodiversity and the Law includes chapters on fundamental and cutting-edge issues, including discussion of major legal instruments such as the Convention on Biological Diversity and the Nagoya Protocol. The book is divided into six distinct parts based around the major objectives which have emerged from legal frameworks concerned with protecting biodiversity. Following introductory chapters, Part II examines issues relating to conservation and sustainable use of biodiversity, with Part III focusing on access and benefit-sharing. Part IV discusses legal issues associated with the protection of traditional knowledge, cultural heritage and indigenous human rights. Parts V and VI focus on a selection of intellectual property issues connected to the commercial exploitation of biological resources, and analyse ethical issues, including viewpoints from economic, ethnobotanical, pharmaceutical and other scientific industry perspectives.



Indigenous Studies and Engaged Anthropology

Indigenous Studies and Engaged Anthropology Author Paul Sillitoe
ISBN-10 9781317117216
Release 2016-05-23
Pages 284
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Advancing the rising field of engaged or participatory anthropology that is emerging at the same time as increased opposition from Indigenous peoples to research, this book offers critical reflections on research approaches to-date. The engaged approach seeks to change the researcher-researched relationship fundamentally, to make methods more appropriate and beneficial to communities by involving them as participants in the entire process from choice of research topic onwards. The aim is not only to change power relationships, but also engage with non-academic audiences. The advancement of such an egalitarian and inclusive approach to research can provoke strong opposition. Some argue that it threatens academic rigour and worry about the undermining of disciplinary authority. Others point to the difficulties of establishing an appropriately non-ethnocentric moral stance and navigating the complex problems communities face. Drawing on the experiences of Indigenous scholars, anthropologists and development professionals acquainted with a range of cultures, this book furthers our understanding of pressing issues such as interpretation, transmission and ownership of Indigenous knowledge, and appropriate ways to represent and communicate it. All the contributors recognise the plurality of knowledge and incorporate perspectives that derive, at least in part, from other ways of being in the world.



Law as if Earth Really Mattered

Law as if Earth Really Mattered Author Nicole Rogers
ISBN-10 9781317210580
Release 2017-04-21
Pages 385
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This book is a collection of judgments drawn from the innovative Wild Law Judgment Project. In participating in the Wild Law Judgment Project, which was inspired by various feminist judgment projects, contributors have creatively reinterpreted judicial decisions from an Earth-centred point of view by rewriting existing judgments, or creating fictional judgments, as wild law. Authors have confronted the specific challenges of aligning existing Western legal systems with Thomas Berry’s philosophy of Earth jurisprudence through judgment writing and rewriting. This book thus opens up judicial decision-making and the common law to critical scrutiny from a wild law or Earth-centred perspective. Based upon ecocentric rather than human-centred or anthropocentric principles, Earth jurisprudence poses a unique critical challenge to the dominant anthropocentric or human-centred focus and orientation of the common law. The authors interrogate the anthropocentric and property rights assumptions embedded in existing common law by placing Earth and the greater community of life at the centre of their rewritten and hypothetical judgments. Covering areas as diverse as tort law, intellectual property law, criminal law, environmental law, administrative law, international law, native title law and constitutional law, this unique collection provides a valuable tool for practitioners and students who are interested in learning more about the emerging ecological jurisprudence movement. It helps us to see more clearly what a new system of law might look like: one in which Earth really matters.



Curating the Future

Curating the Future Author Jennifer Newell
ISBN-10 9781317217954
Release 2016-08-12
Pages 322
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Curating the Future: Museums, Communities and Climate Change explores the way museums tackle the broad global issue of climate change. It explores the power of real objects and collections to stir hearts and minds, to engage communities affected by change. Museums work through exhibitions, events, and specific collection projects to reach different communities in different ways. The book emphasises the moral responsibilities of museums to address climate change, not just by communicating science but also by enabling people already affected by changes to find their own ways of living with global warming. There are museums of natural history, of art and of social history. The focus of this book is the museum communities, like those in the Pacific, who have to find new ways to express their culture in a new place. The book considers how collections in museums might help future generations stay in touch with their culture, even where they have left their place. It asks what should the people of the present be collecting for museums in a climate-changed future? The book is rich with practical museum experience and detailed projects, as well as critical and philosophical analyses about where a museum can intervene to speak to this great conundrum of our times. Curating the Future is essential reading for all those working in museums and grappling with how to talk about climate change. It also has academic applications in courses of museology and museum studies, cultural studies, heritage studies, digital humanities, design, anthropology, and environmental humanities.



Indigenous Networks

Indigenous Networks Author Jane Carey
ISBN-10 9781317659327
Release 2014-06-27
Pages 312
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This edited collection argues for the importance of recovering Indigenous participation within global networks of imperial power and wider histories of "transnational" connections. It takes up a crucial challenge for new imperial and transnational histories: to explore the historical role of colonized and subaltern communities in these processes, and their legacies in the present. Bringing together prominent and emerging scholars who have begun to explore Indigenous networks and "transnational" encounters, and to consider the broader significance of "extra-local" connections, exchanges and mobility for Indigenous peoples, this work engages closely with some of the key historical scholarship on transnationalism and the networks of European imperialism. Chapters deploy a range of analytic scales, including global, regional and intra-Indigenous networks, and methods, including histories of ideas and cultural forms and biography, as well as exploring contemporary legacies. In drawing these perspectives together, this book charts an important new direction in research.



Human Rights

Human Rights Author Michael Goodhart
ISBN-10 9780198708766
Release 2016
Pages 499
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Human Rights: Politics and Practice is the most complete, most topical, and most student-friendly introduction to human rights. Bringing together a range of international experts including political scientists, philosophers, lawyers, and policy-makers, the book provides students with a broad range of perspectives on the theoretical and practical issues in this constantly evolving field.In addition to in-depth theoretical content, the book also features unrivalled coverage of human rights issues in practice,with a wide range of case studies to explore concrete examples from around the world.The third edition has been brought fully up-to-date with the most recent events and latest research developments in the area. Two new chapters have been added: one on religion and human rights, and one on sexual orientation and gender issues and human rights, introducing students to these important topics and expanding the theoretical and practical discussion of issues of universalism and relativism.The new edition also features a range of carefully developed pedagogical features to aid student learning, encourage critical analysis, and challenge students toquestion their own assumptions. New to this editionA new chapter on religion and human rights highlights the significance of this contested topicA new chapter on sexual orientation and gender identity reflects the growing prominence of the topic in the most up-to-date research in this area'Challenging assumptions' boxes ask students to become aware of and question their own attitudes and assumptions about the topics being explored'Critical thinking' features invite students to reflect on critical questions throughout each chapter'Alternative points of view' boxes highlight differing perspectives on key issues, and direct students to readings that take positions on controversial terms and concepts to encourage them to weigh up the evidence for themselves'Deconstructing' features unpack controversial terms and concepts for students



Sustainability Science Field Methods and Exercises

Sustainability Science  Field Methods and Exercises Author Miguel Esteban
ISBN-10 9783319329307
Release 2016-07-29
Pages 243
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This book builds up on the experience and lessons learnt by academics at the Graduate Program in Sustainability Science, Global Leadership Initiative (GPSS-GLI) at the University of Tokyo. A number of scholars in the new field of sustainability science describe how field methods and exercises are carried out in this discipline, together with the theoretical basis for such exercises. Case studies of various countries around the world where these exercises are carried out are showcased, emphasizing the various socio-economic considerations and problems facing humanity and possible ways forward to build more sustainable and resilient societies. The final objective is to enrich the field of sustainability science by describing the novel aspects used in the field exercises carried out by practitioners of this cross-disciplinary field.



Access to Justice and Human Security

Access to Justice and Human Security Author Sindiso Mnisi Weeks
ISBN-10 9781351669566
Release 2017-11-22
Pages 274
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For most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms’ ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity – a composite of physical, social and material insecurity – is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective ‘twilight institutions’, like vigilante associations, is rife. Further contradictions are presented by profoundly gendered social relations premised on delicate social trust that is closely monitored by one’s community and enforced through self-help measures like witchcraft accusations in a context in which violence is, culturally and practically, a highly plausible strategy for dispute management.? These contextual considerations compel us to ask what justice we can reasonably speak of access to in such an insecure context and what solutions are viable under such volatile human conditions? The book concludes with a vision for access to justice in rural South Africa that takes seriously ordinary people’s circumstances and traditional authorities’ lived experiences as documented in this detailed study. The author proposes a cooperative governance model that would maximise the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice – namely, peace and protection from violence as well as mitigation of poverty and destitution – that rural people genuinely need.



Mixed Legal Systems East and West

Mixed Legal Systems  East and West Author Vernon Valentine Palmer
ISBN-10 9781317095378
Release 2016-07-22
Pages 320
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Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.



Passage of Change

Passage of Change Author Anita Jowitt
ISBN-10 9781921666896
Release 2010-11-01
Pages 357
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Numerous issues face Pacific states trying to find their way in the early 21st century. Countries are striving to secure the benefits of modernisation. Governance, law and order are needed to reach such a goal, but development cannot be at the price of culture or the environment. The question of how to develop and maintain sound legal systems and legal rules whilst maintaining the unique cultural heritages within the Pacific is a challenge with no easy answer. This interdisciplinary collection locates issues of law and governance within the particular socio-political context of the Pacific island region, presenting sociological, anthropological and political insights alongside jurisprudential analysis. Key issues including corruption, the role of customary law in modern legal systems, the place of human rights in the Pacific, environmental issues and the structure of the state are explored from a variety of perspectives.



Regulation in Asia

Regulation in Asia Author John Gillespie
ISBN-10 9781135249151
Release 2009-06-08
Pages 352
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Unlike much analysis about regulation in Asia which focuses on globalisation and the transplant effect, leaving domestic influence over commercial regulation under-researched and under-theorized, this book focuses on how local actors influence regulatory change. It explores the complex economic and regulatory factors that generate social demand for state regulation and shows how local networks, courts, democratic processes and civil society have a huge influence on regulatory systems. It examines the particular circumstances in a wide range of Asian countries, provides transnational comparisons and comparisons with Western countries, and assesses how far local regulatory regimes increase economic value and convey competitive advantages.



World Heritage Sites and Indigenous Peoples Rights

World Heritage Sites and Indigenous Peoples  Rights Author Stefan Disko
ISBN-10 UCSD:31822041245713
Release 2014
Pages 545
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This book includes twenty case studies of World Heritage sites from around the world that explore, from a human rights perspective, indigenous peoples' experiences with World Heritage sites and with the processes of the World Heritage Convention. The book will serve as a resource for indigenous peoples, World Heritage site managers, and UNESCO, as well as academics, and it will contribute to discussions about what changes or actions are needed to ensure that World Heritage sites can play a consistently positive role for indigenous peoples, in line with the spirit of the United Nations Declaration on the Rights of Indigenous Peoples.



Protection of First Nations Cultural Heritage

Protection of First Nations Cultural Heritage Author Catherine Bell
ISBN-10 9780774858595
Release 2009-05-01
Pages 476
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Indigenous peoples around the world are seeking greater control over tangible and intangible cultural heritage. In Canada, issues concerning repatriation and trade of material culture, heritage site protection, treatment of ancestral remains, and control over intangible heritage are governed by a complex legal and policy environment. This volume looks at the key features of Canadian, US, and international law influencing indigenous cultural heritage in Canada. Legal and extralegal avenues for reform are examined and opportunities and limits of existing frameworks are discussed. Is a radical shift in legal and political relations necessary for First Nations concerns to be meaningfully addressed?