The UN Declaration on the Rights of Indigenous Peoples

The UN Declaration on the Rights of Indigenous Peoples

The Declaration on the Rights of Indigenous Peoples set key standards for the treatment of indigenous people, and has significantly developed how indigenous rights are viewed and enforced.

Author: Jessie Hohmann

Publisher: Oxford University Press

ISBN: 9780199673223

Category: Law

Page: 611

View: 262

The Declaration on the Rights of Indigenous Peoples set key standards for the treatment of indigenous people, and has significantly developed how indigenous rights are viewed and enforced. This commentary thematically assesses all aspects of the Declaration's provisions, providing an overview of its impact.
Categories: Law

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

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

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.

Author: Patrick Thornberry

Publisher: Oxford University Press

ISBN: 9780199265336

Category: Law

Page: 535

View: 232

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.
Categories: Law

The United Nations Declaration on the Rights of Indigenous Peoples

The United Nations Declaration on the Rights of Indigenous Peoples

... 'Relationship to Human Rights, and Related International Instruments', in The UN Declaration on the Rights of Indigenous Peoples: A Commentary, ed. Jessie Hohmann, Marc Weller, Oxford Commentaries on International Law (Oxford, ...

Author: Damien Short

Publisher: Routledge

ISBN: 9781000258905

Category: Political Science

Page: 318

View: 717

The development and adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was a huge success for the global indigenous movement. This book offers an insightful and nuanced contemporary evaluation of the progress and challenges that indigenous peoples have faced in securing the implementation of this new instrument, as well as its normative impact, at both the national and international levels. The chapters in this collection offer a multi-disciplinary analysis of the UNDRIP as it enters the second decade since its adoption by the UN General Assembly in 2007. Following centuries of resistance by Indigenous peoples to state, and state sponsored, dispossession, violence, cultural appropriation, murder, neglect and derision, the UNDRIP is an achievement with deep implications in international law, policy and politics. In many ways, it also represents just the beginning – the opening of new ways forward that include advocacy, activism, and the careful and hard-fought crafting of new relationships between Indigenous peoples and states and their dominant populations and interests. This book was originally published as a special issue of The International Journal of Human Rights.
Categories: Political Science

Indigenous Land Rights in the Inter American System

Indigenous Land Rights in the Inter American System

Article 14(2) of the ilo Convention 169: “Governments shall take steps as necessary to identify the lands which ... The UN Declaration on the Rights of Indigenous Peoples: A Commentary (Oxford commentaries on international law, 1st. ed.

Author: Mariana Monteiro de Matos

Publisher: BRILL

ISBN: 9789004411272

Category: Law

Page: 358

View: 896

Rights to their traditional lands and resources are essential to the survival of indigenous peoples. This book analyzes the substance and procedure of the most advanced system of safeguarding these rights, developed in the Inter-American system of human rights protection.
Categories: Law

The UN Declaration on the Rights of Indigenous Peoples

The UN Declaration on the Rights of Indigenous Peoples

A Commentary Jessie Hohmann, Marc Weller. OXFORD COMMENTARIES ON INTERNATIONAL LAW General Editors: Professor Philip Alston, Professor of International Law at New York University, and Professor Laurence Boisson de Chazournes, ...

Author: Jessie Hohmann

Publisher: Oxford University Press

ISBN: 9780191653988

Category: Law

Page: 460

View: 864

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 préparatoire, 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
Categories: Law

Incorporating Indigenous Rights in the International Regime on Biodiversity Protection

Incorporating Indigenous Rights in the International Regime on Biodiversity Protection

The 1972 World Heritage Convention: A commentary. Oxford commentaries on international law. Oxford: Oxford University Press, 2008. Francioni, Francesco. “International Human Rights in an Environmental Horizon.

Author: Federica Cittadino

Publisher: BRILL

ISBN: 9789004364400

Category: Law

Page: 404

View: 272

In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination.
Categories: Law

Indigeneity and Legal Pluralism in India

Indigeneity and Legal Pluralism in India

The UN Declaration does not provide a definition of Indigenous Peoples even as it sets out their rights. ... the Rights of Indigenous People,” in Oxford Commentaries on International Law: A Commentary on the United Nations Declaration ...

Author: Pooja Parmar

Publisher: Cambridge University Press

ISBN: 9781107081185

Category: Law

Page: 241

View: 262

This interdisciplinary study juxtaposes the popular, legal, and indigenous accounts of a dispute over a Coca-Cola facility in Kerala, India. It includes interviews with members of indigenous communities, activists, politicians, lawyers, and judges, as well as an analysis of litigation currently pending before the Supreme Court of India.
Categories: Law

The Rio Declaration on Environment and Development

The Rio Declaration on Environment and Development

This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.

Author: Jorge E. Viñuales

Publisher: OUP Oxford

ISBN: 9780191510410

Category: Law

Page: 530

View: 498

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.
Categories: Law

Water Governance Retheorizing Politics

Water Governance  Retheorizing Politics

Hohmann, J.; Weller, M. The UN Declaration on the Rights of Indigenous Peoples: A Commentary, 1st ed.; Hohmann, J., Weller, M., Eds.; Oxford commentaries on international law; Oxford University Press: Oxford, UK, 2018; ...

Author: Nicole J. Wilson

Publisher: MDPI

ISBN: 9783039215607

Category: Social Science

Page: 334

View: 994

This republished Special Issue highlights recent and emergent concepts and approaches to water governance that re-centers the political in relation to water-related decision making, use, and management. To do so at once is to focus on diverse ontologies, meanings and values of water, and related contestations regarding its use, or its importance for livelihoods, identity, or place-making. Building on insights from science and technology studies, feminist, and postcolonial approaches, we engage broadly with the ways that water-related decision making is often depoliticized and evacuated of political content or meaning—and to what effect. Key themes that emerged from the contributions include the politics of water infrastructure and insecurity; participatory politics and multi-scalar governance dynamics; politics related to emergent technologies of water (bottled or packaged water, and water desalination); and Indigenous water governance.
Categories: Social Science

International Child Law

International Child Law

Stalford, H. (2013) 'Article 32 – Prohibition of Child Labour and Protection of Young People at Work. ... The UN Convention on the Rights of the Child: A Commentary (Oxford Commentaries on International Law). Oxford: Oxford University ...

Author: Trevor Buck

Publisher: Routledge

ISBN: 9780429012426

Category: Law

Page: 598

View: 483

This book examines the rights of the child using the global framework of the United Nations International Convention on the Rights of the Child 1989. Analysing both public and private international legal aspects, this cross-disciplinary text promotes a holistic understanding of the ongoing development of child law, children’s rights and the protection of the child. In-depth analyses of the following topic areas are included: Childhood in the digital age; Child labour; International parental child abduction; Inter-country adoption; Sexual exploitation; Children and armed conflict; and Indigenous children. These topics are contextualised with further chapters on the concept of childhood and children’s rights, the international legal framework in which the Convention operates and a substantive chapter on the Convention itself. This fourth edition has been updated and revised, including a new chapter dealing with issues arising from childhood in the age of unprecedented digital technological advancements; a crucial issue for childhood experiences in modern times. This edition also includes new case studies, recent legal developments in the field of international child law, and inclusion of broader scholarship to capture diverse views on international law and child law. The aim of this book is to provide the reader with an accessible, informed, critical and scholarly account of the international law framework relating to children. Drawing on a range of legal and other disciplines, this book remains a valuable resource for those in the course of study and research in this area.
Categories: Law