The UN Declaration on the Rights of Indigenous Peoples

Author: Marc Weller
Publisher: Oxford University Press
ISBN: 0199673225
Format: PDF, ePub
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The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux preparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples

Indigeneity and Legal Pluralism in India

Author: Pooja Parmar
Publisher: Cambridge University Press
ISBN: 1316407322
Format: PDF, Kindle
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As calls for reparations to indigenous peoples grow on every continent, issues around resource extraction and dispossession raise complex legal questions. What do these disputes mean to those affected? How do the narratives of indigenous people, legal professionals, and the media intersect? In this richly layered and nuanced account, Pooja Parmar focuses on indigeneity in the widely publicized controversy over a Coca-Cola bottling facility in Kerala, India. Juxtaposing popular, legal, and Adivasi narratives, Parmar examines how meanings are gained and lost through translation of complex claims into the languages of social movements and formal legal systems. Included are perspectives of the diverse range of actors involved, based on interviews with members of Adivasi communities, social activists, bureaucrats, politicians, lawyers, and judges. Presented in clear, accessible prose, Parmar's account of translation enriches debates in the fields of legal pluralism, indigeneity, and development.

The Rio Declaration on Environment and Development

Author: Jorge E. Viñuales
Publisher: OUP Oxford
ISBN: 0191510424
Format: PDF
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The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.

Internationales Wirtschaftsrecht

Author: Horst-Peter Götting
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110388618
Format: PDF, ePub, Docs
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Die Neuauflage bietet eine hochaktuelle, umfassende Darstellung und Analyse des internationalen Wirtschaftsrechts. In eigenen Kapiteln werden die einzelnen Rechtsbereiche des internationalen Wirtschaftssystems dargestellt: Welthandelsrecht (Waren- und Dienstleistungshandel), Finanz- und Währungsrecht, Investitionsschutzrecht, Transport-, Kommunikations- und Wettbewerbsrecht, Rohstoffmärkte, Schutz des geistigen Eigentums, das Recht internationaler Kapital- und Finanztransaktionen, das Recht internationaler Warentransaktionen, Außenwirtschaftsrecht und Streitbeilegung. Die Neuauflage berücksichtigt u.a. Entwicklungen im Zusammenhang mit der Finanz- und Staatsschuldenkrise der letzten Jahre, der Bali-Konferenz der WTO und dem Lissabon-Vertrag der EU.

The International Convention on the Elimination of All Forms of Racial Discrimination

Author: Patrick Thornberry
Publisher: Oxford University Press
ISBN: 019926533X
Format: PDF, ePub, Mobi
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This Oxford Commentary is the first comprehensive article-by-article analysis of the provisions of the Convention on the Elimination of All Forms of Racial Discrimination. It discusses the conceptual and instrumental framework of the Convention and the CERD Committee, and addresses some of the critical challenges confronting the Convention.

Making the Declaration Work

Author: Claire Charters
Publisher: International Work Group for Indegenous Aff
ISBN:
Format: PDF, Kindle
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The authors of this collective book, of interest to the specialist as well as the general public, were for many years intimately involved in the Declaration process. It tells the story of the Declaration from the inside, detailing its history, negotiations, content, and broader significance. Contributions come from the world over ranging from indigenous activists, to members of the Human Rights Council and its various working groups and mechanisms, as well as UN and governmental officials who engineered the process from beginning to end.

Native voices

Author: Richard A. Grounds
Publisher: Univ Pr of Kansas
ISBN: 9780700612598
Format: PDF, Kindle
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Native peoples of North America still face an uncertain future due to their unstable political, legal, and economic positions. Views of their predicament, however, continue to be dominated by non-Indian writers. In response, a dozen Native American writers here reclaim their rightful role as influential "voices" in the debates about Native communities at the dawn of a new millennium. These scholars examine crucial issues of politics, law, and religion in the context of ongoing Native American resistance to the dominant culture. They particularly show how the writings of Vine Deloria, Jr., have shaped and challenged American Indian scholarship in these areas since the 1960s. They provide key insights into Deloria's thought, while introducing some of the critical issues still confronting Native nations today. Collectively, these essays take up four important themes: indigenous societies as the embodiment of cultures of resistance, legal resistance to western oppression against indigenous nations, contemporary,Native religious practices, and Native intellectual challenges to academia. Individual chapters address indigenous perspectives on topics usually treated (and often misunderstood) by non-Indians, such as the role of women in Indian society, the importance of sacred sites to American Indian religious identity, and the relationship of native language to indigenous autonomy. A closing essay by Deloria--in vintage form--brings the book full circle and reminds Native Americans of their responsibilities and obligations to one another--and to past and future generations. Ranging from insights into Native American astronomy to critiques of federal Indian law, this book strongly argues forthe renewed cultivation of a Native American Studies that is much more Indian-centered. Without the revival of that perspective, such curricula are doomed to languish as academic ephemera--missed opportunities for building a b

Das Spannungsverh ltnis zwischen Gruppenschutz und Individualschutz im V lkerrecht

Author: Nicola Wenzel
Publisher: Springer-Verlag
ISBN: 3540747214
Format: PDF, ePub, Docs
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Wege zu einem angemessenen Ausgleich zwischen individuellen Menschenrechten und gruppenschützenden Rechten. Die Autorin beschreibt die gruppenschützenden Rechte für Minderheiten und indigene Völker im Völkerrecht. Sie untersucht das Spannungsverhältnis aus rechtsphilosophischer und rechtsvergleichender Sicht und zeigt, wie das Völkerrecht trotz der grundsätzlichen Dichotomie zwischen Gruppen- und Individualschutz weiterentwickelt werden kann.