Indigenous Peoples, Title to Territory, Rights and Resources

Indigenous Peoples, Title to Territory, Rights and Resources
Author: Cathal M. Doyle
Publisher: Routledge
Total Pages: 417
Release: 2014-11-20
Genre: Law
ISBN: 1317703170

The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.

Indigenous Peoples, Title to Territory, Rights and Resources

Indigenous Peoples, Title to Territory, Rights and Resources
Author: Cathal M. Doyle
Publisher: Routledge
Total Pages: 367
Release: 2014-11-20
Genre: Law
ISBN: 1317703189

The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.

Indigenous Peoples' Land Rights under International Law

Indigenous Peoples' Land Rights under International Law
Author: Jérémie Gilbert
Publisher: BRILL
Total Pages: 349
Release: 2016-06-21
Genre: Law
ISBN: 9004323252

This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous 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. It 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. The first edition of this ground-breaking book was published in 2006, at the time the negotiations for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) were still underway. The adoption of the Declaration in 2007 marks an important moment not only in terms of law-making, but also represents the achievement of long decades of lobbying and advocacy from indigenous peoples’ representatives. This fully revised new edition reflects on the 10 years which have followed the adoption of the UNDRIP and examines its impact regarding indigenous peoples’ land rights. Its aim is not only to assess the importance of the UNDRIP in terms of international standards, but also to reflect on the ‘maturing’ of international law in relation to indigenous peoples’ land rights. Over the last 10 years these have reached a new level of visibility and a voluminous new jurisprudence and doctrine have been developed. Praise for the first edition: "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) "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

Aboriginal Title

Aboriginal Title
Author: P. G. McHugh
Publisher: OUP Oxford
Total Pages: 378
Release: 2011-08-18
Genre: Law
ISBN: 0191018546

Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.

Aboriginal Title and Indigenous Peoples

Aboriginal Title and Indigenous Peoples
Author: Louis A. Knafla
Publisher: UBC Press
Total Pages: 280
Release: 2011-01-01
Genre: Law
ISBN: 0774859296

Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.

Land, Indigenous Peoples and Conflict

Land, Indigenous Peoples and Conflict
Author: Alan C. Tidwell
Publisher: Routledge
Total Pages: 266
Release: 2015-10-05
Genre: Law
ISBN: 131753753X

Land, Indigenous Peoples and Conflict presents an original comparative study of indigenous land and property rights worldwide. The book explores how the ongoing constitutional, legal and political integration of indigenous peoples into contemporary society has impacted on indigenous institutions and structures for managing land and property. This book details some of the common problems experienced by indigenous peoples throughout the world, providing lessons and insights from conflict resolution that may find application in other conflicts including inter-state and civil and sectarian conflicts. An interdisciplinary group of contributors present specific case material from indigenous land conflicts from the South Pacific, Australasia, South East Asia, Africa, North and South America, and northern Eurasia. These regional cases discuss issues such as modernization, the evolution of systems and institutions regulating land use, access and management, and the resolution of indigenous land conflicts, drawing out common problems and solutions. The lessons learnt from the book will be of value to students, researchers, legal professionals and policy makers with an interest in land and property rights worldwide.

Indigenous Land Rights in the Inter-American System

Indigenous Land Rights in the Inter-American System
Author: Mariana Monteiro de Matos
Publisher: BRILL
Total Pages: 358
Release: 2020-10-12
Genre: Law
ISBN: 9004411275

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.

Indigenous-Industry Agreements, Natural Resources and the Law

Indigenous-Industry Agreements, Natural Resources and the Law
Author: Ibironke T. Odumosu-Ayanu
Publisher: Routledge
Total Pages: 339
Release: 2020-12-27
Genre: Law
ISBN: 0429012853

This edited collection is an interdisciplinary and international collaborative book that critically investigates the growing phenomenon of Indigenous-industry agreements – agreements that are formed between Indigenous peoples and companies involved in the extractive natural resource industry. These agreements are growing in number and relevance, but there has yet to be a systematic study of their formation and implementation. This groundbreaking collection is situated within frameworks that critically analyze and navigate relationships between Indigenous peoples and the extraction of natural resources. These relationships generate important questions in the context of Indigenous-industry agreements in diverse resource-rich countries including Australia and Canada, and regions such as Africa and Latin America. Beyond domestic legal and political contexts, the collection also interprets, navigates, and deploys international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples in order to fully comprehend the diverse expressions of Indigenous-industry agreements. Indigenous-Industry Agreements, Natural Resources and the Law presents chapters that comprehensively review agreements between Indigenous peoples and extractive companies. It situates these agreements within the broader framework of domestic and international law and politics, which define and are defined by the relationships between Indigenous peoples, extractive companies, governments, and other actors. The book presents the latest state of knowledge and insights on the subject and will be of value to researchers, academics, practitioners, Indigenous communities, policymakers, and students interested in extractive industries, public international law, Indigenous rights, contracts, natural resources law, and environmental law.