Reparations For Indigenous Peoples

Autor: Federico Lenzerini
Publisher: Oxford University Press
ISBN: 0199235600
File Size: 47,94 MB
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In this book, a group of renowned legal experts and activists investigate the right of indigenous peoples to reparations for breaches of their individual and collective rights.

Reparations For Indigenous Peoples

Autor: Federico Lenzerini
Publisher: OUP Oxford
ISBN: 9780199577910
File Size: 10,45 MB
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The volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, consider the right of indigenous peoples to reparation for breaches of their individual and collective rights.

Handbook Of Indigenous Peoples Rights

Autor: Damien Short
Publisher: Routledge
ISBN: 1136313850
File Size: 14,36 MB
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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.

Indigenous Peoples Cultural Property Claims

Autor: Karolina Kuprecht
Publisher: Springer Science & Business Media
ISBN: 3319016555
File Size: 42,56 MB
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This book analyses the legal aspects of international claims by indigenous peoples for the repatriation of their cultural property, and explores what legal norms and normative orders would be appropriate for resolving these claims. To establish context, the book first provides insights into the exceptional legislative responses to the cultural property claims of Native American tribes in the United States and looks at the possible relevance of this national law on the international level. It then shifts to the multinational setting by using the method of legal pluralism and takes into consideration international human rights law, international cultural heritage law, the applicable national laws in the United Kingdom, France and Switzerland, transnational law such as museum codes, and decision-making in extra-legal procedures. In the process, the book reveals the limits of the law in dealing with the growing imperative of human rights in the field, and concludes with three basic insights that are of key relevance for improving the law and decision-making with regard to indigenous peoples’ cultural property.​

International Courts And The Development Of International Law

Autor: Nerina Boschiero
Publisher: Springer Science & Business Media
ISBN: 9067048941
File Size: 49,83 MB
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This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

Environmental Damage In International And Comparative Law

Autor: Michael Bowman
Publisher: Oxford University Press on Demand
ISBN: 9780199255733
File Size: 20,23 MB
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This study considers the problems of defining and valuing "environmental damage" from the perspective of international and comparative law. The need for a broad and systematic evaluation of this issue is illustrated by the number of topics presently on the international law-making agenda to which it is relevant, including the UN Compensation Commission's decisions on compensation for environmental losses suffered by Kuwait in the Gulf War, nuclear and oil pollution liability regimes, thedevelopment of an environmental liability protocol to the Antarctic Treaty and other agreements on bio-safety and genetically modified organisms. It is thus an important element in contemporary efforts to strengthen legal remedies for environmental harm which does not necessarily come within traditional categories of legally protected personal or property rights. The contributors include experts in national and international law, civil and common law, as well as in the laws of developed and developing states, an economist and a member of the UN Compensation Commission.

Aboriginal Populations

Autor: Frank Trovato
Publisher: University of Alberta
ISBN: 0888646259
File Size: 58,10 MB
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Extended and comparative social demography of Aboriginal Peoples in Canada and beyond by world-renowned experts.

International Law For Common Goods

Autor: Federico Lenzerini
Publisher: Bloomsbury Publishing
ISBN: 1782254706
File Size: 29,45 MB
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International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods ? typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) ? speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law ? human rights, culture and the environment ? are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.

The Concept Of Cultural Genocide

Autor: Elisa Novic
Publisher: Oxford University Press
ISBN: 0198787162
File Size: 49,66 MB
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Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.

Indigenous Sovereignty In The 21st Century

Autor: Michael Lerma
Publisher: Florida Academic Press
ISBN: 1890357499
File Size: 34,95 MB
Format: PDF
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A provocative analysis of what "sovereignty" means to indigenous nations, challenging commonly held conceptions about the relationship between sovereignty and economic development.