Governing Indigenous Territories
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Author | : Juliet S. Erazo |
Publisher | : Duke University Press |
Total Pages | : 264 |
Release | : 2013-07-18 |
Genre | : Social Science |
ISBN | : 0822378922 |
Governing Indigenous Territories illuminates a paradox of modern indigenous lives. In recent decades, native peoples from Alaska to Cameroon have sought and gained legal title to significant areas of land, not as individuals or families but as large, collective organizations. Obtaining these collective titles represents an enormous accomplishment; it also creates dramatic changes. Once an indigenous territory is legally established, other governments and organizations expect it to act as a unified political entity, making decisions on behalf of its population and managing those living within its borders. A territorial government must mediate between outsiders and a not-always-united population within a context of constantly shifting global development priorities. The people of Rukullakta, a large indigenous territory in Ecuador, have struggled to enact sovereignty since the late 1960s. Drawing broadly applicable lessons from their experiences of self-rule, Juliet S. Erazo shows how collective titling produces new expectations, obligations, and subjectivities within indigenous territories.
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.
Author | : Irene Bellier |
Publisher | : Routledge |
Total Pages | : 303 |
Release | : 2019-10-08 |
Genre | : Law |
ISBN | : 1317371496 |
This book takes an interdisciplinary approach to the complicated power relations surrounding the recognition and implementation of Indigenous Peoples’ rights at multiple scales. The adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007 was heralded as the beginning of a new era for Indigenous Peoples’ participation in global governance bodies, as well as for the realization of their rights – in particular, the right to self-determination. These rights are defined and agreed upon internationally, but must be enacted at regional, national, and local scales. Can the global movement to promote Indigenous Peoples’ rights change the experience of communities at the local level? Or are the concepts that it mobilizes, around rights and political tools, essentially a discourse circulating internationally, relatively disconnected from practical situations? Are the categories and processes associated with Indigenous Peoples simply an extension of colonial categories and processes, or do they challenge existing norms and structures? This collection draws together the works of anthropologists, political scientists, and legal scholars to address such questions. Examining the legal, historical, political, economic, and cultural dimensions of the Indigenous Peoples' rights movement, at global, regional, national, and local levels, the chapters present a series of case studies that reveal the complex power relations that inform the ongoing struggles of Indigenous Peoples to secure their human rights. The book will be of interest to social scientists and legal scholars studying Indigenous Peoples’ rights, and international human rights movements in general.
Author | : Jérémie Gilbert |
Publisher | : BRILL |
Total Pages | : 352 |
Release | : 2007-03-23 |
Genre | : Law |
ISBN | : 9047431308 |
This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.
Author | : Thora Martina Herrmann |
Publisher | : Springer |
Total Pages | : 260 |
Release | : 2015-12-22 |
Genre | : Technology & Engineering |
ISBN | : 3319250353 |
This book addresses critical questions and analyses key issues regarding Indigenous/Aboriginal Peoples and governance of land and protected areas in the Arctic. It brings together contributions from scientists, indigenous and non-indigenous researchers, local leaders, and members of the policy community that: document Indigenous/Aboriginal approaches to governance of land and protected areas at the local, regional and international level; explore new territorial governance models that are emerging as part of the Indigenous/Aboriginal governance within Arctic States, provinces, territories and regions; analyse the recognition or lack thereof concerning indigenous rights to self-determination in the Arctic; and examine how traditional decision-making arrangements and practices can be linked with governments in the process of good governance. The book highlights essential lessons learned, success stories, and remaining issues, all of which are useful to address issues of Arctic governance of land and protected areas today, and which could also be relevant for future governance arrangements.
Author | : Lisa Ford |
Publisher | : Routledge |
Total Pages | : 242 |
Release | : 2012-11-12 |
Genre | : History |
ISBN | : 1136195386 |
Between Indigenous and Settler Governance addresses the history, current development and future of Indigenous self-governance in four settler-colonial nations: Australia, Canada, New Zealand and the United States. Bringing together emerging scholars and leaders in the field of indigenous law and legal history, this collection offers a long-term view of the legal, political and administrative relationships between Indigenous collectivities and nation-states. Placing historical contingency and complexity at the center of analysis, the papers collected here examine in detail the process by which settler states both dissolved indigenous jurisdictions and left spaces – often unwittingly – for indigenous survival and corporate recovery. They emphasise the promise and the limits of modern opportunities for indigenous self-governance; whilst showing how all the players in modern settler colonialism build on a shared and multifaceted past. Indigenous tradition is not the only source of the principles and practices of indigenous self-determination; the essays in this book explore some ways that the legal, philosophical and economic structures of settler colonial liberalism have shaped opportunities for indigenous autonomy. Between Indigenous and Settler Governance will interest all those concerned with Indigenous peoples in settler-colonial nations.
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.
Author | : Sheryl Lightfoot |
Publisher | : Edward Elgar Publishing |
Total Pages | : 425 |
Release | : 2024-02-12 |
Genre | : Social Science |
ISBN | : 1800377010 |
This ground-breaking Handbook explores the key legal, political and policy questions concerning the implementation of Indigenous rights across the world. Expert contributors analyse the complex dynamics of contestation, engagement, advocacy and refusal between governments and Indigenous Peoples, presenting a profound challenge to mainstream policy scholarship.
Author | : William Nikolakis |
Publisher | : |
Total Pages | : 353 |
Release | : 2019 |
Genre | : Political Science |
ISBN | : 0816539979 |
"This volume showcases how Native nations can reclaim self-determination and self-governance via examples from four important countries"--
Author | : Ward Churchill |
Publisher | : |
Total Pages | : 490 |
Release | : 1992 |
Genre | : Human ecology |
ISBN | : |
This seminal book established Churchill as an intellectual force to be reckoned with in indigenous land rights debates. Required reading for anyone interested in Native North America and ecological justice. Revised and expanded edition. Ward Churchill (Keetowah Cherokee) has achieved an unparalleled reputation as a scholar-activist and analyst of indigenous issues. He is a Professor of American Indian Studies, a leading member of AIM, and has been a delegate to the U.N. Working Group on Indigenous Populations.