Traditional Customary Laws And Indigenous Peoples In Asia
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Author | : Raja Devasish Roy |
Publisher | : Minority Rights Group |
Total Pages | : 40 |
Release | : 2005-04-07 |
Genre | : Social Science |
ISBN | : 1904584276 |
For years, traditional laws – or customary laws – in Asia have been eroded. This report argues that remaining customary laws should be retained and discusses the extent to which their erosion can be reversed. Traditional Customary Laws and Indigenous Peoples in Asia focuses primarily on two types of customary law systems – personal or family law, and land and resource rights law – and considers the complex situation, which is far from uniform throughout Asia. For example, in some areas customary law systems and procedures are generally respected, while in other parts of Asia, customary law has been so eroded that it is virtually nonexistent and unrecognized by governments. There are also many examples that fall between these two situations. The author discusses the many challenges facing indigenous peoples in the pursuit of their customary law rights and many of the issues that have yet to be resolved within customary law systems. These include the occasional conflict between women’s rights and customary rights. The report focuses on the situation in the Chittagong Hill Tracts of Bangladesh, as well as including numerous examples from the Cordilleras in the Philippines; Jharkhand, Mizoram and Nagaland in India; northern Thailand; and Sabah and Sarawak in Malaysia, among others. Traditional Customary Laws and Indigenous Peoples in Asia is essential reading for indigenous peoples, nonindigenous government and political leaders and officials, staff of donor and development institutions and NGOs, and international bodies such as the United Nations.
Author | : Devasish Roy (Raja.) |
Publisher | : Minority Rights Group |
Total Pages | : 42 |
Release | : 2005 |
Genre | : History |
ISBN | : |
For years, traditional laws – or customary laws – in Asia have been eroded. This report argues that remaining customary laws should be retained and discusses the extent to which their erosion can be reversed. Traditional Customary Laws and Indigenous Peoples in Asia focuses primarily on two types of customary law systems – personal or family law, and land and resource rights law – and considers the complex situation, which is far from uniform throughout Asia. For example, in some areas customary law systems and procedures are generally respected, while in other parts of Asia, customary law has been so eroded that it is virtually nonexistent and unrecognized by governments. There are also many examples that fall between these two situations. The author discusses the many challenges facing indigenous peoples in the pursuit of their customary law rights and many of the issues that have yet to be resolved within customary law systems. These include the occasional conflict between women’s rights and customary rights. The report focuses on the situation in the Chittagong Hill Tracts of Bangladesh, as well as including numerous examples from the Cordilleras in the Philippines; Jharkhand, Mizoram and Nagaland in India; northern Thailand; and Sabah and Sarawak in Malaysia, among others. Traditional Customary Laws and Indigenous Peoples in Asia is essential reading for indigenous peoples, nonindigenous government and political leaders and officials, staff of donor and development institutions and NGOs, and international bodies such as the United Nations.
Author | : Masaji Chiba |
Publisher | : Routledge |
Total Pages | : 403 |
Release | : 2013-10-28 |
Genre | : Social Science |
ISBN | : 113614210X |
First published in 1986. Western law is normally regarded as universal when considered from the fact that it has been received and utilized by non-Western countries as the basis of their own state legal systems. The reception of Western law by non-Western countries in modern times is the most influential encounter of non-Western law with foreign law. The major portion of this book is a collection of descriptions of typical non-Western countries from this viewpoint by native scholars.
Author | : Christoph Antons |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 421 |
Release | : 2009-01-01 |
Genre | : Law |
ISBN | : 9041127216 |
Among the many contentious matters thrown up by the relentless march of economic globalization, those forms of knowledge variously known as 'indigenous' or 'traditional' remain seriously threatened, despite numerous transnational initiatives and highly publicized debate. It is not proving easy to bring these holistic worldviews into accordance with the technical terms and classifications of intellectual property law. The contributions in this volume contrast efforts to find solutions and workable models at the international and regional level with experiences on the ground. Legal policies related to 'indigenous knowledge' in settler societies such as Australia and New Zealand are compared with those in densely populated neighbouring countries in Asia, where traditional knowledge is often regarded as national heritage. While many of the chapters are written by lawyers using an interdisciplinary approach, other chapters introduce the reader to perspectives from disciplines such as legal sociology and anthropology on controversial issues such as the understandings of 'art, ' 'culture, ' 'tradition, ' 'customary law' and the opportunities for traditional cultural knowledge and traditional cultural expressions in an Internet environment. Experienced observers of the international debate and regional experts discuss international model laws as well as legislation at regional and national level and the role of customary law. Topics covered include the following and much more: the concept of 'farmers' rights'; biodiscovery and bioprospecting; traditional knowledge as a commodity; encounters between different legalities; geographical indications; registration requirements; sanctions, remedies, and dispute resolution mechanisms; the ongoing fragmentation and loss of traditional knowledge; and systems of data collection.
Author | : Jayantha Perera |
Publisher | : Asian Development Bank |
Total Pages | : 326 |
Release | : 2009-09-01 |
Genre | : Business & Economics |
ISBN | : 9292547135 |
Development in Asia faces a crucial issue: the right of indigenous peoples to build a better life while protecting their ancestral lands and cultural identity. An intimate relationship with land expressed in communal ownership has shaped and sustained these cultures over time. But now, public and private enterprises encroach upon indigenous peoples' traditional domains, extracting minerals and timber, and building dams and roads. Displaced in the name of progress, indigenous peoples find their identities diminished, their livelihoods gone. Using case studies from Cambodia, India, Malaysia, and the Philippines, nine experts examine vulnerabilities and opportunities of indigenous peoples. Debunking the notion of tradition as an obstacle to modernization, they find that those who keep control of their communal lands are the ones most able to adapt.
Author | : Sedfrey M. Candelaria |
Publisher | : |
Total Pages | : 0 |
Release | : 2008 |
Genre | : |
ISBN | : 9789719414704 |
Recalls the ILO Conventions no.107 and No. 169 on indigenous rights and the protection of the traditional values, institutions and of customary laws of Indigenous Peoples.
Author | : Marcus Colchester |
Publisher | : Forest Peoples Programme |
Total Pages | : 361 |
Release | : 2011 |
Genre | : Indigenous peoples |
ISBN | : 6169061170 |
Author | : Christian Erni |
Publisher | : IWGIA |
Total Pages | : 5 |
Release | : 2008 |
Genre | : Indigenous peoples |
ISBN | : 8791563348 |
Deals with the controversy in defining indigenous people and indogeneity. Discusses standard-setting activities in international law and ethno-nationalist interpretations in Asia, including 15 country profiles focusing on terms used, government positions, and recognized indigenous nationalities. Makes reference to the LO Indigenous and Tribal Populations Convention, 1957 (No. 107) and the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169).
Author | : Paul Schiff Berman |
Publisher | : Oxford University Press, USA |
Total Pages | : 1133 |
Release | : 2020-09-24 |
Genre | : Law |
ISBN | : 0197516742 |
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Author | : World Intellectual Property Organization |
Publisher | : WIPO |
Total Pages | : 4 |
Release | : 2016-04-01 |
Genre | : Law |
ISBN | : |
This Brief explores the issues concerning customary law, traditional knowledge and intellectual property.