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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.



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.



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.



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



The Production and Consumption of Music in the Digital Age

The Production and Consumption of Music in the Digital Age Author Brian J. Hracs
ISBN-10 9781317529644
Release 2016-04-14
Pages 292
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The economic geography of music is evolving as new digital technologies, organizational forms, market dynamics and consumer behavior continue to restructure the industry. This book is an international collection of case studies examining the spatial dynamics of today’s music industry. Drawing on research from a diverse range of cities such as Santiago, Toronto, Paris, New York, Amsterdam, London, and Berlin, this volume helps readers understand how the production and consumption of music is changing at multiple scales – from global firms to local entrepreneurs; and, in multiple settings – from established clusters to burgeoning scenes. The volume is divided into interrelated sections and offers an engaging and immersive look at today’s central players, processes, and spaces of music production and consumption. Academic students and researchers across the social sciences, including human geography, sociology, economics, and cultural studies, will find this volume helpful in answering questions about how and where music is financed, produced, marketed, distributed, curated and consumed in the digital age.



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.



The State and the Paradox Onf Customary Law in Africa

The State and the Paradox Onf Customary Law in Africa Author Markus Virgil Hoehne
ISBN-10 1409468631
Release 2017-06-22
Pages 272
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Customary law and so called �traditional authorities� continue to play vital roles in many African societies today. The codification and co-optation or oppression by �the state� have been identified as major problems impinging on the dynamism of the living customary law and the independence and downward-accountability of traditional authorities. But what does customary law and traditional authority offer to the state? On the one hand, the state is expected to act as the �sovereign� and to provide a comprehensive political structure. On the other, for pragmatic or ideological reasons, it has to integrate customary systems and make them �processible� in order to satisfy demands for stability, accountability and decentralisation. This volume tackles the problem of how the state deals with the paradox of having to integrate customary law and traditional authorities that are based on their own logics of �law�, �legal process� and �authority� which are incommensurable with the logics of the state. It provides theoretically and ethnographically informed insights into the divergent strategies that are used by state representatives in courts, in parliament, or elsewhere to process this paradox and, somehow, to get their work done.



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.



Routledge Handbook of Human Rights and Climate Governance

Routledge Handbook of Human Rights and Climate Governance Author Sébastien Duyck
ISBN-10 9781315312552
Release 2018-02-15
Pages 430
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Over the last decade, the world has increasingly grappled with the complex linkages emerging between efforts to combat climate change and to protect human rights around the world. The Paris Climate Agreement adopted in December 2015 recognized the necessity for governments to take into consideration their human rights obligations when taking climate action. However, important gaps remain in understanding how human rights can be used in practice to develop and implement effective and equitable solutions to climate change at multiple levels of governance. This book brings together leading scholars and practitioners to offer a timely and comprehensive analysis of the opportunities and challenges for integrating human rights in diverse areas and forms of global climate governance. The first half of the book explores how human rights principles and obligations can be used to reconceive climate governance and shape responses to particular aspects of climate change. The second half of the book identifies lessons in the integration of human rights in climate advocacy and governance and sets out future directions in this burgeoning domain. Featuring a diverse range of contributors and case studies, this Handbook will be an essential resource for students, scholars, practitioners and policy makers with an interest in climate law and governance, human rights and international environmental law.



Indigenous Peoples in International Law

Indigenous Peoples in International Law Author S. James Anaya
ISBN-10 0195173503
Release 2004
Pages 396
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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 Politics of Resource Extraction

The Politics of Resource Extraction Author S. Sawyer
ISBN-10 9780230368798
Release 2012-02-14
Pages 314
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International institutions (United Nations, World Bank) and multinational companies have voiced concern over the adverse impact of resource extraction activities on the livelihood of indigenous communities. This volume examines mega resource extraction projects in Australia, Bolivia, Canada, Chad, Cameroon, India, Nigeria, Peru, the Philippines.



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.



The Role of Customary Law in Sustainable Development

The Role of Customary Law in Sustainable Development Author Peter Orebech
ISBN-10 9780521859257
Release 2005
Pages 502
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For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and northern Norway, this 2006 book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. Customary law consists of underlying social norms that may become the acknowledged law of the land. The key to determining whether a custom constitutes customary law is whether the public acts as if the observance of the custom is legally obligated. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can produce valuable insights into methods of managing resources in a sustainable way.



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.



The Human Rights Based Approach to Carbon Finance

The Human Rights Based Approach to Carbon Finance Author Damilola S. Olawuyi
ISBN-10 9781107105515
Release 2016-04-18
Pages 406
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Outlines a human rights-based approach to carbon finance, a framework for mainstreaming human rights into carbon project implementation.



Legal Pluralism and Development

Legal Pluralism and Development Author Brian Z. Tamanaha
ISBN-10 9781107019409
Release 2012-05-28
Pages 250
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Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious, and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. Similarly, academics have failed to benefit from the insights of development practitioners. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development. All of the practitioners have extensive experience in development projects, the academics come from a variety of backgrounds, and most have written extensively on legal pluralism and on development.