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Indigenous Peoples' Land Rights under International Law : From Victims to Actors. Second Revised Edition.
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
BRILL,
2016.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Indigenous Peoples' Land Rights under International Law: From Victims to Actors; Copyright; Dedication; Contents; Preface to the New Edition; Table of Cases and Decisions; Table of Treaties and Instruments; List of Abbreviations; Introduction
- Territoriality: The Thread of Indigenous Cultures; PART 1: Indigenous Peoples as Victims: Theories of Dispossession; 1: Means of Acquisition; A The Conquest of Indigenous Territories; 1 Justifications of Conquest: Commerce, Christianity and Civilization; 2 Discriminatory Rules of Conquest; B The Occupation of Indigenous Territories.
- 1 The Post-Westphalian Order: Dichotomy between Nations and Indigenous Communities2 Occupation of "Vacant" Territories: Terra Nullius as a Legal Fiction; 3 Terra Nullius by Other Means: Contemporary Forms of Denial; Conclusion; 2: Means of Extinguishment; A The Extinguishment of Indigenous Territorial Sovereignty by Colonial Treaties; 1 A Process of Retrogression: From International Law to "Domestic 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 Occupancy2 Contemporary Theories of Extinguishable Indigenous Title; Conclusion; PART 2: Indigenous Peoples as Subjects: Theories of Protection; 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, Remedies and Restitution.
- 1 The Right to Restitution2 Addressing Past Dispossession: The Role of Human Rights; Conclusion; 4: Land Rights as Cultural Rights; A 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: Land Rights as Tradition; 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 Compartmentalisation2 The Holistic Approach: Land Rights as Cultural Integrity; Conclusion; PART 3: Indigenous Peoples as Actors: Negotiating Land Rights; 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.