Indigenous Rights and United Nations Standards

Author: Alexandra Xanthaki
Publisher: Cambridge University Press
ISBN: 1139461737
Format: PDF, Docs
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The debate on indigenous rights has revealed some serious difficulties for current international law, posed mainly by different understandings of important concepts. This book explores the extent to which indigenous claims, as recorded in the United Nations forums, can be accommodated by international law. By doing so, it also highlights how the indigenous debate has stretched the contours and ultimately evolved international human rights standards. The book first reflects on the international law responses to the theoretical arguments on cultural membership. After a comprehensive analysis of the existing instruments on indigenous rights, the discussion turns to self-determination. Different views are assessed and a fresh perspective on the right to self-determination is outlined. Ultimately, the author refuses to shy away from difficult questions and challenging issues and offers a comprehensive discussion of indigenous rights and their contribution to international law.

The Concept of Group Rights in International Law

Author: Corsin Bisaz
Publisher: Martinus Nijhoff Publishers
ISBN: 9004228705
Format: PDF, ePub, Mobi
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Through a collective biography of four scholars (Erich Kaufmann, Hans Kelsen, Hersch Lauterpacht and Hans J. Morgenthau) this book investigates how Jewish identity and intellectual ties to Judaic civilization in the German-speaking and legal context influenced international law. By using biblical constitutive metaphors, it argues that Jewish German lawyers inherited, "inter alia," a particular Jewish legal approach that framed their understanding of the law as a means to reach God. The overarching argument is that because of their Jewish heritage, Jewish scholars inherited the endorsement of earthly particularism for the sake of universalism and the other way around: for the sake of universalism, humanity s differences need to be solved through the law.

Indigenous Peoples Status in the International Legal System

Author: Mattias Ahren
Publisher: Oxford University Press
ISBN: 0198778198
Format: PDF, ePub, Docs
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While many have explored the law governing the rights of indigenous peoples through an examination of relevant instruments and institutions, this book demonstrates that international indigenous rights can be best understood through the study of two questions: What is meant by 'peoples' and'equality' under international law?Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume explains that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right toself-determination and sets out the content and scope of this right. The book additionally explores the contemporary meaning of 'equality', arguing that the understanding of equality fundamentally impacts what rights indigenous peoples possess over territories and natural resources. This bookoutlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.

Minority Rights in the Middle East

Author: Joshua Castellino
Publisher: OUP Oxford
ISBN: 0191668885
Format: PDF, ePub, Mobi
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Within the Middle East there are a wide range of minority groups outside the mainstream religious and ethnic culture. This book provides a detailed examination of their rights as minorities within this region, and their changing status throughout the twentieth and twenty-first centuries. The rights of minorities in the Middle East are subject to a range of legal frameworks, having developed in part from Islamic law, and in recent years subject to international human rights law and institutional frameworks. The book examines the context in which minority rights operate within this conflicted region, investigating how minorities engage with (or are excluded from) various sites of power and how state practice in dealing with minorities (often ostensibly based on Islamic authority) intersects with and informs modern constitutionalism and international law. The book identifies who exactly can be classed as a minority group, analysing in detail the different religious and ethnic minorities across the region. The book also pays special attention to the plight of minorities who are spread between various states, often as the result of conflict. It assesses the applicable domestic legislative instruments within the three countries investigated as case studies: Iraq, Syria, and Lebanon, and highlights key domestic remedies that could serve as models for ensuring greater social cohesion and greater inclusion of minorities in the political life of these countries.

Human Rights and Climate Change

Author: Stephen Humphreys
Publisher: Cambridge University Press
ISBN: 0521762766
Format: PDF, ePub, Docs
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This inquiry into the human rights dimensions of climate change identifies future perspectives, concerns and dilemmas for law and policy.

Human Rights Culture and the Rule of Law

Author: Jessica Almqvist
Publisher: Bloomsbury Publishing
ISBN: 1847310044
Format: PDF, Kindle
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This new book examines the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely linked to ideas about community. Instead, it reveals culture as a quality possessed by the individual with a serious impact on her ability to enjoy the rights and freedoms as recognised in international human rights law in meaningful and effective ways. This understanding redirects attention towards a range of issues that have long been marginalised, but which warrant a central place in human rights research and on the international human rights agenda. Special attention is given to the circumstances induced by cultural differences between people and the laws by which they are expected to live. The circumstances are created by differing tools, know-how and skills (cultural equipment), diverse settlements on matters that are ultimately indifferent from the standpoint of cosmopolitan moral law (adiaphora), and conflicts having their source in conflicting doctrinesethical, religious and philosophicaladdressing deep questions about the ultimate purpose of human life (comprehensive doctrines). Each of the circumstances shifts the focus with the aim of securing effective and adequate protection of individual freedom, as societies become increasingly diversified in cultural terms and issues arise of access to laws and public institutions, exemption from legal obligations for reasons of conscience, fair resolution of conflicts having their source in differing ethical, religious and philosophical outlooks, and, excuse for breach of law in case of involuntary ignorance.

Human Rights and Gender Violence

Author: Sally Engle Merry
Publisher: University of Chicago Press
ISBN: 9780226520759
Format: PDF, ePub
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Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice. As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression. A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.

The Commonwealth Yearbook 2014

Author: Commonwealth Secretariat
Publisher: Nexis Strategic
ISBN: 9781908609120
Format: PDF, Kindle
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The Commonwealth Yearbook is the flagship annual publication of the Commonwealth Secretariat. It is the essential reference guide to the countries, organisations, activities and values of the modern Commonwealth. The 2014 edition has been fully updated to include: * Strategic directions of the Commonwealth and its core partners - arranged thematically according the new structures and mandates. * Results of, and ongoing work on, fundamental political values (democracy and rights, rule of law, gender equality, youth empowerment); governance and natural resources; health and education; economics and trade; resilience in small and vulnerable states. * Comment and analysis on the Commonwealth and 'wider world', looking at global consensus building, new developments in Asia, the 100th anniversary of World War I, the UN's focus on indigenous peoples in 2014 and other themes. * A guide to Commonwealth Heads of Government Meetings and other summits; details of the Commonwealth Charter, signed by Her Majesty the Queen on Commonwealth Day 2013; and other essential communiques and declarations forming the background to the charter. * Comprehensive profiles of 53 member countries, including UK overseas territories. * An extensive statistics and reference section, and the official directory of Commonwealth professional, cultural and civil society development agencies.