International Law and Nomadic People

International Law and Nomadic People
Author: Marco Moretti
Publisher: Author House
Total Pages: 321
Release: 2012-06-27
Genre: Law
ISBN: 1467896365

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Nomadic people, have over the years, been subject to prejudice and negative thinking by sedentarised societies as well as by political and legislative systems. It was finally only in the 1970s that international lawyers began to reassess the status of these peoples, to recognise their rights and above all, to protect them. In his thesis Marco Moretti defines the relationship between nomadic people and law-makers between the 16th and 19th centuries. This is followed by establishing the evolution of the human rights movement, recognising peoples who are not state-entities and therefore giving place for the existence of nomadic people worldwide.

Nomadic Peoples and Human Rights

Nomadic Peoples and Human Rights
Author: Jérémie Gilbert
Publisher: Routledge
Total Pages: 341
Release: 2014-03-26
Genre: Law
ISBN: 1136020241

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Although nomadic peoples are scattered worldwide and have highly heterogeneous lifestyles, they face similar threats to their mobile livelihood and survival. Commonly, nomadic peoples are facing pressure from the predominant sedentary world over mobility, land rights, water resources, access to natural resources, and migration routes. Adding to these traditional problems, rapid growth in the extractive industry and the need for the exploitation of the natural resources are putting new strains on nomadic lifestyles. This book provides an innovative rights-based approach to the issue of nomadism looking at issues including discrimination, persecution, freedom of movement, land rights, cultural and political rights, and effective management of natural resources. Jeremie Gilbert analyses the extent to which human rights law is able to provide protection for nomadic peoples to perpetuate their own way of life and culture. The book questions whether the current human rights regime is able to protect nomadic peoples, and highlights the lacuna that currently exists in international human rights law in relation to nomadic peoples. It goes on to propose avenues for the development of specific rights for nomadic peoples, offering a new reading on freedom of movement, land rights and development in the context of nomadism.

Nomadic Territories

Nomadic Territories
Author: Jérémie Gilbert
Publisher:
Total Pages:
Release: 2010
Genre:
ISBN:

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In most societies nomadic peoples face discrimination. At the heart of this discrimination frequently lies the crucial issue of property in land. The sharing of lands between nomads and settled agriculturalist societies has often led to violent confrontation. Access to land is a determining factor for many nomadic peoples as whether or not nomads have access to land will determine the survival of their mobile lifestyle. Historically nomadic peoples have not been regarded as having any rights to land because their nomadic lifestyle was not considered to fulfil the criterion of effective occupation of the land. By exploring the evolution of international law regarding nomadic peoples land rights, this article analyses how human rights law could provide nomadic peoples with rights to use their lands. Ultimately, this article argues that under the banner of international human rights law, nomadic peoples are gaining the right to live on their land in their traditional ways through the gradual establishment of a specific corpus of law dedicated to the rights of nomads.

Towards International Personality

Towards International Personality
Author: Anna Meijknecht
Publisher: Intersentia nv
Total Pages: 287
Release: 2001
Genre: Law
ISBN: 905095166X

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2.3. Dualism and Monism

Indigenous Peoples in International Law

Indigenous Peoples in International Law
Author: S. James Anaya
Publisher:
Total Pages: 288
Release: 1998
Genre: Indigenous peoples
ISBN: 9781602568228

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Annotation In Indigenous Peoples in International Law, James Anaya explores the development and contours of international law as it concerns the world's indigenous peoples, culturally distinctive groups that are descended from the original inhabitants of lands now dominated by others. Anaya demonstratesthat, while historical trends in international law largely facilitated the colonization of indigenous peoples and their lands, modern international law's human rights program has been responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. Over the last several years, the international system--particularly as embodied in the United Nations and other international institutions--has exhibited a renewed and increasingly heightened focus on the concerns of indigenous peoples. Anaya discusses the resulting new generation of internationaltreaty and customary norms, while linking the new and emergent norms with previously existing international human rights standards of general applicability. Anaya further identifies and analyzes institutions and procedures, at both the domestic and international levels, for implementinginternational norms concerning indigenous peoples.

Nomadic Peoples and Human Rights

Nomadic Peoples and Human Rights
Author: Jérémie Gilbert
Publisher: Routledge
Total Pages: 273
Release: 2014-03-26
Genre: Law
ISBN: 1136020160

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Although nomadic peoples are scattered worldwide and have highly heterogeneous lifestyles, they face similar threats to their mobile livelihood and survival. Commonly, nomadic peoples are facing pressure from the predominant sedentary world over mobility, land rights, water resources, access to natural resources, and migration routes. Adding to these traditional problems, rapid growth in the extractive industry and the need for the exploitation of the natural resources are putting new strains on nomadic lifestyles. This book provides an innovative rights-based approach to the issue of nomadism looking at issues including discrimination, persecution, freedom of movement, land rights, cultural and political rights, and effective management of natural resources. Jeremie Gilbert analyses the extent to which human rights law is able to provide protection for nomadic peoples to perpetuate their own way of life and culture. The book questions whether the current human rights regime is able to protect nomadic peoples, and highlights the lacuna that currently exists in international human rights law in relation to nomadic peoples. It goes on to propose avenues for the development of specific rights for nomadic peoples, offering a new reading on freedom of movement, land rights and development in the context of nomadism.

Indigenous Peoples' Land Rights under International Law

Indigenous Peoples' Land Rights under International Law
Author: Jérémie Gilbert
Publisher: BRILL
Total Pages: 352
Release: 2007-03-23
Genre: Law
ISBN: 9047431308

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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.

Diversity and Self-Determination in International Law

Diversity and Self-Determination in International Law
Author: Karen Knop
Publisher: Cambridge University Press
Total Pages: 460
Release: 2002-04-18
Genre: Political Science
ISBN: 1139431927

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The emergence of new states and independence movements after the Cold War has intensified the long-standing disagreement among international lawyers over the right of self-determination, especially the right of secession. Knop shifts the discussion from the articulation of the right to its interpretation. She argues that the practice of interpretation involves and illuminates a problem of diversity raised by the exclusion of many of the groups that self-determination most affects. Distinguishing different types of exclusion and the relationships between them reveals the deep structures, biases and stakes in the decisions and scholarship on self-determination. Knop's analysis also reveals that the leading cases have grappled with these embedded inequalities. Challenges by colonies, ethnic nations, indigenous peoples, women and others to the gender and cultural biases of international law emerge as integral to the interpretation of self-determination historically, as do attempts by judges and other institutional interpreters to meet these challenges.

Indigenous Peoples in International Law

Indigenous Peoples in International Law
Author: S. James Anaya
Publisher: Oxford University Press, USA
Total Pages: 414
Release: 2004
Genre: Law
ISBN: 9780195173505

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In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.