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Indigenous Peoples' Land Rights Under International Law: From Victims to Actors.
£127.59
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Located in: Altrincham, Cheshire, United Kingdom
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Item specifics
- Condition
- Very Good
- Seller notes
- “Book Looks Brand New and Unread. *Crease to Back Cover.”
- ISBN
- 9004323244
- EAN
- 9789004323247
- Type
- Textbook
- Format
- Trade Paperback (Us), Paperback
- Language
- English
- Publisher
- Brill
- Subject
- Law
About this product
Product Identifiers
Publisher
Brill
ISBN-10
9004323244
ISBN-13
9789004323247
eBay Product ID (ePID)
222918361
Product Key Features
Format
Trade Paperback (Us), Paperback
Language
English
Subject
Law
Type
Textbook
Dimensions
Weight
536g
Height
240mm
Width
160mm
Additional Product Features
Place of Publication
Leiden
Table of Contents
Preface About the author; Table of Cases; Table of Instruments; List of abbreviations; Introduction Territoriality: The Thread of Indigenous CulturesPART I: INDIGENOUS PEOPLES AS VICTIMS: THEORIES OF DISPOSSESSION Chapter 1: Means of Acquisition A. The Conquest of Indigenous Territories1. Justifications of Conquest: Commerce, Christianity and Civilization; 2. Discriminatory Rules of Conquest B. The Occupation of Indigenous Territories1. The Post-Westphalian Order: Dichotomy Between Nations and Indigenous Communities; 2. Occupation of 'Vacant' Territories: Terra Nullius as a Legal Fiction; 3. Terra Nullius by Other Means: Contemporary Forms of DenialChapter 2: Means of Extinguishment A. The Extinguishment of Indigenous Territorial Sovereignty by Colonial Treaties1. A Process of Retrogression: From International Law toDomestic Dependent Nations ; 2. The Trail of Broken Treaties : Contemporary Enforcement of Colonial Treaties B. Theories of Extinguishable Indigenous Land Rights 1. Discovery: A Theory of Extinguishable Right of Occupancy; 2. Contemporary Theories of Extinguishable Indigenous Title PART II: INDIGENOUS PEOPLES AS SUBJECTS: THEORIES OF PROTECTION Chapter 3: Land Rights as Proprietary Rights A. Property Rights: Sources and Content 1. Weaknesses and Promises of the Property Rights Discourse; 2. Indigenous Peoples' Right to Collective Land Ownership B.Effective Measures of Protection and Demarcation 1. Restriction on Land Transferability: The Danger of Paternalism; 2. Land Identification and Demarcation C.Reparation, Restitution and Compensation1. The Right to Restitution; 2. Addressing Past Dispossession: The Role of Human Rights Chapter 4: Land Rights as Cultural RightsA. Land is Life: Land Rights as Subsistence Rights 1. Land Rights as a Means to a Collective Existence; 2. Right to Subsistence, Access to Livelihood and the Right to Life B. Land Rights as a Way of Life: Traditions and Spirituality 1. The Minority Rights Approach; 2. Religion, Spirituality and Land Rights C. Land Rights as Cultural Heritage: Towards a Right to Cultural Integrity 1. The Cultural Heritage Approach: The Danger of Compartmentalisation; 2. The Holistic Approach: Land Rights as Cultural IntegrityPART III INDIGENOUS PEOPLES AS ACTORS: NEGOTIATING LAND RIGHTS Chapter 5: Self-Determination, Territoriality and Consent A. The Self-Determination and Land Rights Nexus 1. The Caveat of Self-Determination: States' Territorial Integrity; 2. The Relational and Interpretative Values of Self-determination B. Self-determination, Natural Resources and Consent 1. Self-determination, Land Rights and Natural Resources; 2. Self-determination and Free, Prior and Informed Consent Chapter 6: Development, Globalisation and Land Rights A. Development, Participation and Land Rights 1.'Development Aggression', the Right to Development & Land Rights; 2. Development, Effective Participation and Consent B.Ownership and Control of Natural Resources: From Subsistence to Benefit-Sharing 1. Ownership and Control of Natural Resources: A Right to Subsistence?; 2. Towards a Right to Benefit-Sharing? C. Nature Conservation, Exploitation of Natural Resources, and Private Actors 1. Nature Conservation, Tourism & Indigenous Peoples' Land Rights: towards co-management?; 2. Corporations, Human Rights Law and Land Rights Conclusion; Selected Bibliography; Index.
Pagination
326
Date of Publication
08/07/2016
Edition Statement
2nd Revised Edition
Country of Publication
Netherlands
Genre
International Law: Professional
Item description from the seller
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Big Thinking Online Ltd
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