International Law and Nomadic People

International Law and Nomadic People

Author: Marco Moretti

Publisher: Author House

Published: 2012-06-27

Total Pages: 321

ISBN-13: 1467896365

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Nomadic people, have over the years, been subject to prejudice and negative thinking by sedentarised societies as well as by political and legislative systems. It was finally only in the 1970s that international lawyers began to reassess the status of these peoples, to recognise their rights and above all, to protect them. In his thesis Marco Moretti defines the relationship between nomadic people and law-makers between the 16th and 19th centuries. This is followed by establishing the evolution of the human rights movement, recognising peoples who are not state-entities and therefore giving place for the existence of nomadic people worldwide.


Book Synopsis International Law and Nomadic People by : Marco Moretti

Download or read book International Law and Nomadic People written by Marco Moretti and published by Author House. This book was released on 2012-06-27 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nomadic people, have over the years, been subject to prejudice and negative thinking by sedentarised societies as well as by political and legislative systems. It was finally only in the 1970s that international lawyers began to reassess the status of these peoples, to recognise their rights and above all, to protect them. In his thesis Marco Moretti defines the relationship between nomadic people and law-makers between the 16th and 19th centuries. This is followed by establishing the evolution of the human rights movement, recognising peoples who are not state-entities and therefore giving place for the existence of nomadic people worldwide.


Nomadic Peoples and Human Rights

Nomadic Peoples and Human Rights

Author: Jérémie Gilbert

Publisher: Routledge

Published: 2014-03-26

Total Pages: 273

ISBN-13: 1136020160

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Although nomadic peoples are scattered worldwide and have highly heterogeneous lifestyles, they face similar threats to their mobile livelihood and survival. Commonly, nomadic peoples are facing pressure from the predominant sedentary world over mobility, land rights, water resources, access to natural resources, and migration routes. Adding to these traditional problems, rapid growth in the extractive industry and the need for the exploitation of the natural resources are putting new strains on nomadic lifestyles. This book provides an innovative rights-based approach to the issue of nomadism looking at issues including discrimination, persecution, freedom of movement, land rights, cultural and political rights, and effective management of natural resources. Jeremie Gilbert analyses the extent to which human rights law is able to provide protection for nomadic peoples to perpetuate their own way of life and culture. The book questions whether the current human rights regime is able to protect nomadic peoples, and highlights the lacuna that currently exists in international human rights law in relation to nomadic peoples. It goes on to propose avenues for the development of specific rights for nomadic peoples, offering a new reading on freedom of movement, land rights and development in the context of nomadism.


Book Synopsis Nomadic Peoples and Human Rights by : Jérémie Gilbert

Download or read book Nomadic Peoples and Human Rights written by Jérémie Gilbert and published by Routledge. This book was released on 2014-03-26 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although nomadic peoples are scattered worldwide and have highly heterogeneous lifestyles, they face similar threats to their mobile livelihood and survival. Commonly, nomadic peoples are facing pressure from the predominant sedentary world over mobility, land rights, water resources, access to natural resources, and migration routes. Adding to these traditional problems, rapid growth in the extractive industry and the need for the exploitation of the natural resources are putting new strains on nomadic lifestyles. This book provides an innovative rights-based approach to the issue of nomadism looking at issues including discrimination, persecution, freedom of movement, land rights, cultural and political rights, and effective management of natural resources. Jeremie Gilbert analyses the extent to which human rights law is able to provide protection for nomadic peoples to perpetuate their own way of life and culture. The book questions whether the current human rights regime is able to protect nomadic peoples, and highlights the lacuna that currently exists in international human rights law in relation to nomadic peoples. It goes on to propose avenues for the development of specific rights for nomadic peoples, offering a new reading on freedom of movement, land rights and development in the context of nomadism.


Indigenous Peoples in International Law

Indigenous Peoples in International Law

Author: S. James Anaya

Publisher: Oxford University Press, USA

Published: 2004

Total Pages: 414

ISBN-13: 9780195173505

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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.


Book Synopsis Indigenous Peoples in International Law by : S. James Anaya

Download or read book Indigenous Peoples in International Law written by S. James Anaya and published by Oxford University Press, USA. This book was released on 2004 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Indigenous Peoples' Land Rights under International Law

Indigenous Peoples' Land Rights under International Law

Author: Jérémie Gilbert

Publisher: BRILL

Published: 2007-03-23

Total Pages: 352

ISBN-13: 9047431308

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This book analyses whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories.


Book Synopsis Indigenous Peoples' Land Rights under International Law by : Jérémie Gilbert

Download or read book Indigenous Peoples' Land Rights under International Law written by Jérémie Gilbert and published by BRILL. This book was released on 2007-03-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories.


Diversity and Self-Determination in International Law

Diversity and Self-Determination in International Law

Author: Karen Knop

Publisher: Cambridge University Press

Published: 2002-04-18

Total Pages: 460

ISBN-13: 1139431927

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The emergence of new states and independence movements after the Cold War has intensified the long-standing disagreement among international lawyers over the right of self-determination, especially the right of secession. Knop shifts the discussion from the articulation of the right to its interpretation. She argues that the practice of interpretation involves and illuminates a problem of diversity raised by the exclusion of many of the groups that self-determination most affects. Distinguishing different types of exclusion and the relationships between them reveals the deep structures, biases and stakes in the decisions and scholarship on self-determination. Knop's analysis also reveals that the leading cases have grappled with these embedded inequalities. Challenges by colonies, ethnic nations, indigenous peoples, women and others to the gender and cultural biases of international law emerge as integral to the interpretation of self-determination historically, as do attempts by judges and other institutional interpreters to meet these challenges.


Book Synopsis Diversity and Self-Determination in International Law by : Karen Knop

Download or read book Diversity and Self-Determination in International Law written by Karen Knop and published by Cambridge University Press. This book was released on 2002-04-18 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of new states and independence movements after the Cold War has intensified the long-standing disagreement among international lawyers over the right of self-determination, especially the right of secession. Knop shifts the discussion from the articulation of the right to its interpretation. She argues that the practice of interpretation involves and illuminates a problem of diversity raised by the exclusion of many of the groups that self-determination most affects. Distinguishing different types of exclusion and the relationships between them reveals the deep structures, biases and stakes in the decisions and scholarship on self-determination. Knop's analysis also reveals that the leading cases have grappled with these embedded inequalities. Challenges by colonies, ethnic nations, indigenous peoples, women and others to the gender and cultural biases of international law emerge as integral to the interpretation of self-determination historically, as do attempts by judges and other institutional interpreters to meet these challenges.


Adat and Indigeneity in Indonesia - Culture and Entitlements Between Heteronomy and Self-Ascription

Adat and Indigeneity in Indonesia - Culture and Entitlements Between Heteronomy and Self-Ascription

Author: Brigitta Hauser-Schäublin

Publisher:

Published: 2013

Total Pages:

ISBN-13:

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A number of UN conventions and declarations (on the Rights of Indigenous Peoples, the Protection and Promotion of the Diversity of Cultural Expressions and the World Heritage Conventions) can be understood as instruments of international governance to promote democracy and social justice worldwide. In Indonesia (as in many other countries), these international agreements have encouraged the self-assertion of communities that had been oppressed and deprived of their land, especially during the New Order regime (1966-1998). More than 2,000 communities in Indonesia who define themselves as masyarakat adat or “indigenous peoples” had already joined the Indigenous Peoples' Alliance of the Archipelago” (AMAN) by 2013. In their efforts to gain recognition and selfdetermination, these communities are supported by international donors and international as well as national NGOs by means of development programmes. In the definition of masyarakat adat, “culture” or adat plays an important role in the communities' self-definition. Based on particular characteristics of their adat, the asset of their culture, they try to distinguish themselves from others in order to substantiate their claims for the restitution of their traditional rights and property (namely land and other natural resources) from the state. The authors of this volume investigate how differently structured communities - socially, politically and religiously - and associations reposition themselves vis-à-vis others, especially the state, not only by drawing on adat for achieving particular goals, but also dignity and a better future.


Book Synopsis Adat and Indigeneity in Indonesia - Culture and Entitlements Between Heteronomy and Self-Ascription by : Brigitta Hauser-Schäublin

Download or read book Adat and Indigeneity in Indonesia - Culture and Entitlements Between Heteronomy and Self-Ascription written by Brigitta Hauser-Schäublin and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of UN conventions and declarations (on the Rights of Indigenous Peoples, the Protection and Promotion of the Diversity of Cultural Expressions and the World Heritage Conventions) can be understood as instruments of international governance to promote democracy and social justice worldwide. In Indonesia (as in many other countries), these international agreements have encouraged the self-assertion of communities that had been oppressed and deprived of their land, especially during the New Order regime (1966-1998). More than 2,000 communities in Indonesia who define themselves as masyarakat adat or “indigenous peoples” had already joined the Indigenous Peoples' Alliance of the Archipelago” (AMAN) by 2013. In their efforts to gain recognition and selfdetermination, these communities are supported by international donors and international as well as national NGOs by means of development programmes. In the definition of masyarakat adat, “culture” or adat plays an important role in the communities' self-definition. Based on particular characteristics of their adat, the asset of their culture, they try to distinguish themselves from others in order to substantiate their claims for the restitution of their traditional rights and property (namely land and other natural resources) from the state. The authors of this volume investigate how differently structured communities - socially, politically and religiously - and associations reposition themselves vis-à-vis others, especially the state, not only by drawing on adat for achieving particular goals, but also dignity and a better future.


Land and Forest Rights of Amazonian Indigenous Peoples from a National and International Perspective

Land and Forest Rights of Amazonian Indigenous Peoples from a National and International Perspective

Author: Siu Lang Carrillo Yap

Publisher: BRILL

Published: 2022-02-14

Total Pages: 416

ISBN-13: 9004439390

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In this book Siu Lang Carrillo Yap compares the land and forest rights of Amazonian indigenous peoples from Bolivia, Brazil, Ecuador and Peru, and analyses these rights in the context of international law, property law theory, and natural sciences.


Book Synopsis Land and Forest Rights of Amazonian Indigenous Peoples from a National and International Perspective by : Siu Lang Carrillo Yap

Download or read book Land and Forest Rights of Amazonian Indigenous Peoples from a National and International Perspective written by Siu Lang Carrillo Yap and published by BRILL. This book was released on 2022-02-14 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Siu Lang Carrillo Yap compares the land and forest rights of Amazonian indigenous peoples from Bolivia, Brazil, Ecuador and Peru, and analyses these rights in the context of international law, property law theory, and natural sciences.


Minority Groups and Judicial Discourse in International Law

Minority Groups and Judicial Discourse in International Law

Author: Gaetano Pentassuglia

Publisher: BRILL

Published: 2009-07-15

Total Pages: 304

ISBN-13: 9047430166

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Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies – particularly in the Americas, Africa and Europe – in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group’s perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative – practical and theoretical – perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.


Book Synopsis Minority Groups and Judicial Discourse in International Law by : Gaetano Pentassuglia

Download or read book Minority Groups and Judicial Discourse in International Law written by Gaetano Pentassuglia and published by BRILL. This book was released on 2009-07-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies – particularly in the Americas, Africa and Europe – in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group’s perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative – practical and theoretical – perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.


The Right to Roam

The Right to Roam

Author: Dualta Roughneen

Publisher: Cambridge Scholars Publishing

Published: 2010-01-08

Total Pages: 145

ISBN-13: 1443818860

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Nomadic groups and sedentary society have been in conflict throughout the ages and the conflict continues to this day. For the most part it is nomadic groups who have been the losers in these conflicts. The idea of human rights has traveled around the world in response to some of the great conflicts of our time. ‘The Right to Roam- Travellers in the Modern Nation State’ examines the right of nomadic groups to maintain a way of life that is contrary to the drive toward sedentarisation and modernisation. If human rights are to exist, one approach to the derivation of rights is that they are to exist as protectors of the autonomy of individuals. When the autonomy of individuals is threatened by restrictions on their liberty then the protection of human rights is required. For Travellers in Ireland, restrictions on the freedom to maintain a Travelling lifestyle have consequences for members of the Travelling community. “The Right to Roam- Travellers in the Nation State’ explores the impact of recent legislation such as the Housing (Miscellaneous Provisions) Act of 2002 on Travellers in modern Ireland and whether progress driven be sedentary society should be required to include the needs of nomadic groups.


Book Synopsis The Right to Roam by : Dualta Roughneen

Download or read book The Right to Roam written by Dualta Roughneen and published by Cambridge Scholars Publishing. This book was released on 2010-01-08 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nomadic groups and sedentary society have been in conflict throughout the ages and the conflict continues to this day. For the most part it is nomadic groups who have been the losers in these conflicts. The idea of human rights has traveled around the world in response to some of the great conflicts of our time. ‘The Right to Roam- Travellers in the Modern Nation State’ examines the right of nomadic groups to maintain a way of life that is contrary to the drive toward sedentarisation and modernisation. If human rights are to exist, one approach to the derivation of rights is that they are to exist as protectors of the autonomy of individuals. When the autonomy of individuals is threatened by restrictions on their liberty then the protection of human rights is required. For Travellers in Ireland, restrictions on the freedom to maintain a Travelling lifestyle have consequences for members of the Travelling community. “The Right to Roam- Travellers in the Nation State’ explores the impact of recent legislation such as the Housing (Miscellaneous Provisions) Act of 2002 on Travellers in modern Ireland and whether progress driven be sedentary society should be required to include the needs of nomadic groups.


International Law and Self-Determination

International Law and Self-Determination

Author: Joshua Castellino

Publisher: Martinus Nijhoff Publishers

Published: 2000-09-14

Total Pages: 318

ISBN-13: 9789041114099

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TABLE OF UN DOCUMENTS.


Book Synopsis International Law and Self-Determination by : Joshua Castellino

Download or read book International Law and Self-Determination written by Joshua Castellino and published by Martinus Nijhoff Publishers. This book was released on 2000-09-14 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: TABLE OF UN DOCUMENTS.