Indigenous Peoples' Land Rights under International Law : From Victims to Actors. Second Revised Edition read book TXT, EPUB, MOBI
9789004323247 9004323244 This book addresses the right of indigenous peoples to live, own and use their traditional territories. Whilst a profound cultural and social relationship with land and territories characterizes indigenous peoples cultures, they have been and are repeatedly deprived of their lands. This book analyses how international law addresses indigenous peoples rights to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. In assessing the international legal approach to land rights the book delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements. Based on its analysis of indigenous peoples land rights under international law, this book proposes an original theory regarding the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Based on such analysis it explores how international law can play an important role in supporting a new approach to development and globalization in supporting the rights of indigenous peoples over their lands and natural resources as an essential element of their future. "Gilbert s passion for his subject is palpable and illuminates every page, as do his zeal to expose international law s complicity in indigenous peoples loss of their territories and tentative hope that international law might now provide some protection of indigenous peoples lands. The choice of topic is also to be applauded. There are few texts that examine indigenous peoples land rights in such depth. Claire Charters, Associate Professor, University of Auckland, New Zealand (in "International and Comparative Law Quarterly" (ICLQ), volume 57, number 2, April 2008, pp. 491). "Gilbert s gaze is firmly fixed on the future and the question how international law will reflect lex ferenda on indigenous land rights. His interpretation of international law must be seen in this light. He is looking beyond the current controversies in the rights discourse towards a more conciliatory phase in state-indigenous relations. International law undoubtedly has an important role to play in his vision, but its primary function is to facilitate dialogue rather than as a combative and adversarial mechanism. (..) Gilbert s book is a tour de force on indigenous territoriality. Stephen Allen, Senior Lecturer in Law, Queen Mary University London, United Kingdom (in "International Journal on Minority and Group Rights" 15 (2008) pp.117 131)"
9789004323247 9004323244 This book addresses the right of indigenous peoples to live, own and use their traditional territories. Whilst a profound cultural and social relationship with land and territories characterizes indigenous peoples cultures, they have been and are repeatedly deprived of their lands. This book analyses how international law addresses indigenous peoples rights to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. In assessing the international legal approach to land rights the book delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements. Based on its analysis of indigenous peoples land rights under international law, this book proposes an original theory regarding the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Based on such analysis it explores how international law can play an important role in supporting a new approach to development and globalization in supporting the rights of indigenous peoples over their lands and natural resources as an essential element of their future. "Gilbert s passion for his subject is palpable and illuminates every page, as do his zeal to expose international law s complicity in indigenous peoples loss of their territories and tentative hope that international law might now provide some protection of indigenous peoples lands. The choice of topic is also to be applauded. There are few texts that examine indigenous peoples land rights in such depth. Claire Charters, Associate Professor, University of Auckland, New Zealand (in "International and Comparative Law Quarterly" (ICLQ), volume 57, number 2, April 2008, pp. 491). "Gilbert s gaze is firmly fixed on the future and the question how international law will reflect lex ferenda on indigenous land rights. His interpretation of international law must be seen in this light. He is looking beyond the current controversies in the rights discourse towards a more conciliatory phase in state-indigenous relations. International law undoubtedly has an important role to play in his vision, but its primary function is to facilitate dialogue rather than as a combative and adversarial mechanism. (..) Gilbert s book is a tour de force on indigenous territoriality. Stephen Allen, Senior Lecturer in Law, Queen Mary University London, United Kingdom (in "International Journal on Minority and Group Rights" 15 (2008) pp.117 131)"