The Rights Of Indigenous Peoples In Marine Areas
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| Author | : Stephen Allen |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 571 |
| Release | : 2019-09-19 |
| Genre | : Law |
| ISBN | : 1509928650 |
The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.
| Author | : Endalew Lijalem Enyew |
| Publisher | : Taylor & Francis |
| Total Pages | : 343 |
| Release | : 2024-02-26 |
| Genre | : Law |
| ISBN | : 1003860036 |
This book addresses the rights of indigenous peoples to marine space and associated marine resources under international law. Examining the rights of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. The book addresses three main issues: 1) the extent to which international law recognizes and protects the rights of indigenous peoples in relation to marine space and marine resources; 2) if and how the law of the sea and international human rights law pertaining to the rights of indigenous peoples to marine space and marine resources interact; 3) whether and to what extent the law of the sea regime limits the capacity of coastal States to recognize and implement the rights of indigenous peoples relating to marine space and resources. In response, and in a context where indigenous marine rights are under increasing threat, the book develops an important critical theoretical and methodological approach which moves beyond the current doctrinal focus of much existing work in this area. The book will appeal to academics, researchers, and practitioners in the areas of indigenous peoples and the law, international law, the law of the sea, and human rights.
| Author | : Nikolas Sellheim |
| Publisher | : Taylor & Francis |
| Total Pages | : 195 |
| Release | : 2023-12-11 |
| Genre | : Business & Economics |
| ISBN | : 1003827314 |
This book examines the impact and implications of Japan’s withdrawal from the International Convention for the Regulation of Whaling (ICRW), which came into effect in July 2019. In 1982 the International Whaling Commission (IWC) adopted a moratorium on commercial whaling which has been in effect ever since, despite the resistance of some countries, first and foremost Japan, Norway and Iceland, that engage in commercial whaling. As one of the key contributors to scientific research and funding, Japan’s withdrawal has the potential to have wide-ranging implications and this volume examines the impact of Japan’s withdrawal on the IWC itself, on the governance of whaling, and on indigenous and coastal whaling. It provides backgrounds and commentaries on this decision as well as normative and legal discussions on matters relating to sustainable use of resources, and philosophies surrounding whaling in different IWC countries. The consideration of other international environmental regimes, such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), is also examined in order to determine the international ripple effect of Japan’s decision. The book reveals that this is not just a matter of whaling but one which has significant legal, managerial and cultural implications. Drawing on deep analyses of IWC structures, the book addresses core philosophies underlying the whaling debate and in how far these may influence environmental governance in the future. This book will be of great interest to students and scholars of environmental law and governance, biodiversity conservation and sustainable development, as well as policymakers involved in international environmental and conservation agreements.
| Author | : Federica Cittadino |
| Publisher | : BRILL |
| Total Pages | : 401 |
| Release | : 2019-08-12 |
| Genre | : Law |
| ISBN | : 9004364404 |
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. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.
| Author | : Nele Matz-Lück |
| Publisher | : Taylor & Francis |
| Total Pages | : 317 |
| Release | : 2022-09-19 |
| Genre | : Law |
| ISBN | : 1000649229 |
The United Nations Convention on the Law of the Sea follows a comprehensive approach and can be interpreted dynamically to include the regulation of all potential human uses of the ocean, but the law of the sea cannot be viewed in isolation from other fields of international law. International law does not resemble a hierarchically structured legal system; its different parts interact when different rules address the same activity or situation. The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of international law. The intensified use of the oceans for different purposes and the ongoing proliferation of international rules addressing different activities from different perspectives and with distinct foci require a more thorough evaluation of how the law of the sea relates to other fields of international law, how the normative context can be approached theoretically and if interdisciplinary interfaces can be adequately addressed. This book discusses the normative context of the law of the sea and the interactions of the law of the sea with other legal regimes. By connecting high-quality research with new ideas and perspectives, this book offers expertise from different fields and perspectives in which the interaction between the law of the sea and other fields of international law becomes particularly relevant.
| Author | : Melissa-Leigh George |
| Publisher | : |
| Total Pages | : 140 |
| Release | : 2004 |
| Genre | : Environmental management |
| ISBN | : |
"Designed to inform Indigenous, government, and other parties about the issues which would be involved should they proceed to negotiate any form of co-operative management." - page 1.
| Author | : Janice Gray |
| Publisher | : Routledge |
| Total Pages | : 324 |
| Release | : 2016-06-23 |
| Genre | : Law |
| ISBN | : 131740114X |
Governance of global water resources presents one of the most confounding challenges in contemporary natural resource governance. With considerable government, citizen and financial donor attention devoted to a range of international, transnational and domestic laws and policies aimed at protecting, managing and sustainably using fresh and coastal marine water resources, this book proposes that sustainable water outcomes require a ‘trans-jurisdictional’ approach to water governance. Focusing on the concept of trans-jurisdictional water governance the book diagnoses barriers and identifies pathways to coherent and coordinated institutional arrangements between and across different bodies of laws at local, national, regional and international levels. It includes case studies from the European Union, Australia, New Zealand, South Africa, the United States and Southeast Asia. Leading specialists offer insights into the pretence and the promise of trans-jurisdictional water governance and provide readers, including students, practitioners, policy-makers and academics, with a basis for better analysing, articulating and synthesising standards of good trans-jurisdictional water governance both in theory and in practice.
| Author | : Michael Lück |
| Publisher | : CABI |
| Total Pages | : 597 |
| Release | : 2008 |
| Genre | : Travel |
| ISBN | : 1845933508 |
Marine tourism has become one of the fastest growing areas within the tourism industry. With the increased use of marine environments comes the need for informed planning and sustainable management as well as for the education and training of planners, managers and operators. Combining the disciplines of marine scientists and tourism researchers, this encyclopedia will bring together the terms, concepts and theories related to recreational and tourism activities in marine settings. Entries range from short definitions to medium and long articles.
| Author | : OECD |
| Publisher | : OECD Publishing |
| Total Pages | : 96 |
| Release | : 2024-09-18 |
| Genre | : |
| ISBN | : 9264708855 |
This report provides a year-by-year overview of the main trends in development finance with biodiversity-related objectives for the period 2015-22, considering a wide range of sources: bilateral providers from Development Assistance Committee (DAC) members and beyond, including South-South and triangular co-operation providers; multilateral development banks and other multilateral institutions; private finance mobilised by development finance; and private philanthropy. The estimates are based on statistical data from the OECD and the International Forum on Total Official Support for Sustainable Development (TOSSD), capturing both official development assistance and non-concessional development finance. They include breakdowns by provider, sector, financial instrument and recipient country grouping, as well as details on financial allocations to the mainstreaming of biodiversity, climate change, Indigenous peoples and local communities, and gender equality. The evidence aims to help DAC members and other stakeholders implement the Kunming-Montreal Global Biodiversity Framework under the Convention on Biological Diversity and track the contribution of development finance against its Target 19 on resource mobilisation.
| Author | : Professor Francesco Francioni |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 313 |
| Release | : 2014-08-28 |
| Genre | : Law |
| ISBN | : 1472426525 |
This volume presents a critical analysis of transatlantic relations in the field of environmental governance and climate change. Drawing on research involving experts from leading universities and institutes, the authors provide innovative analyses on policy measures taken by the EU and the US, the world’s largest economic and commercial blocs, in a number of fields, ranging from general attitudes on environmental leadership with regard to climate change, to energy policies and new technologies for hydrocarbons extraction and carbon capture.
