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Author: Damien Short Publisher: Routledge ISBN: 1000258904 Category : Political Science Languages : en Pages : 344
Book Description
The development and adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was a huge success for the global indigenous movement. This book offers an insightful and nuanced contemporary evaluation of the progress and challenges that indigenous peoples have faced in securing the implementation of this new instrument, as well as its normative impact, at both the national and international levels. The chapters in this collection offer a multi-disciplinary analysis of the UNDRIP as it enters the second decade since its adoption by the UN General Assembly in 2007. Following centuries of resistance by Indigenous peoples to state, and state sponsored, dispossession, violence, cultural appropriation, murder, neglect and derision, the UNDRIP is an achievement with deep implications in international law, policy and politics. In many ways, it also represents just the beginning – the opening of new ways forward that include advocacy, activism, and the careful and hard-fought crafting of new relationships between Indigenous peoples and states and their dominant populations and interests. This book was originally published as a special issue of The International Journal of Human Rights.
Author: Damien Short Publisher: Routledge ISBN: 1000258904 Category : Political Science Languages : en Pages : 344
Book Description
The development and adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was a huge success for the global indigenous movement. This book offers an insightful and nuanced contemporary evaluation of the progress and challenges that indigenous peoples have faced in securing the implementation of this new instrument, as well as its normative impact, at both the national and international levels. The chapters in this collection offer a multi-disciplinary analysis of the UNDRIP as it enters the second decade since its adoption by the UN General Assembly in 2007. Following centuries of resistance by Indigenous peoples to state, and state sponsored, dispossession, violence, cultural appropriation, murder, neglect and derision, the UNDRIP is an achievement with deep implications in international law, policy and politics. In many ways, it also represents just the beginning – the opening of new ways forward that include advocacy, activism, and the careful and hard-fought crafting of new relationships between Indigenous peoples and states and their dominant populations and interests. This book was originally published as a special issue of The International Journal of Human Rights.
Author: Ying Hooi Khoo Publisher: Springer Nature ISBN: 9811637792 Category : Political Science Languages : en Pages : 150
Book Description
This book offers perspectives from the ground on human rights and peace in Timor-Leste. By highlighting the local voices, this book draws on their experience and expertise in engaging with questions concerning the nexus between human rights, peace and development. It posits that these concepts no longer mean absence of conflict, and argues that sustainable peace must be built from rights frameworks to protect the locals’ interests in the processes. Acknowledging the lack of autonomy on local actors in peace-making contexts, the book emphasizes the urgent need to facilitate the creation of political and social structures that can support and offer contextual rights and dignity for the Timorese community.
Author: Prof. Dr. O.C. Kaligis, S.H., M.H. Publisher: Penerbit Alumni ISBN: Category : Law Languages : en Pages : 440
Book Description
This book is written due to the request of numerous parties, institutions and organizations that wishes to know about Indonesian legal system and legal framework. I have published numerous books in the form of ‘Legal Anthology’, but most of them are in Indonesian, with numerous English legal writings scattered in those numerous anthology legal writings. In this particular book (volume 9), all of the English legal writings (in volume 1 to 8) that I have written are specially compiled in a systematic manner. I hope that the publication of this book will help foreign lawyers and institution to have insight and gain knowledge of Indonesian legal system and also exposure to my firm’s legal work. I would like to thanks Ms. Haghia Sophia Lubis S.H., LL.M. for helping me in editing this particular book. This book is written with the help of numerous parties whom which I might not have mentioned, and for that I would like to apologize. It is my sincere aim that this book will help the development of Indonesian legal system and foster relationship and understanding between countries that intends to cooperate in legal matters with Indonesia.
Author: Marie-Claire Foblets Publisher: Springer Nature ISBN: 3319995081 Category : Law Languages : en Pages : 843
Book Description
This volume comprises national reports on migration and migration law from 17 countries representing all continents. The vast majority of these are countries of immigration, which means they face specific challenges in terms of managing migratory flows that are increasingly linked with climate change and scarce natural resources worldwide, and they need to find viable ways to integrate humanitarian migration. Unlike so many recent publications in the field of international migration law, this book brings together reports on diverse countries that are rarely regarded as part of one and the same picture, depicting globalized migration in the contemporary era that to a large extent challenges state sovereignty. The contributions delineate the legal regimes that individual states are continually developing and modifying with a view to managing and controlling access of individual persons to their respective territories. They also show how the restrictive measures that states resort to in the event of failure to manage migration could have a lasting legal impact. The General Report preceding the country reports provides a comparative overview of the national reports, and is divided into two parts. The first, more technical in nature, addresses the classic questions relating to admission to and residence in a country. The second, more reflective section, examines the relationship between laws and migration in a wider and multidisciplinary perspective. To allow a robust comparison, the country reports all follow a similarly wide-ranging structure; to the extent possible, they also cover the historical, sociological and demographic factors that help explain legal regimes and migratory flows in each country. Each country report includes analyses of recent legislative developments and delicate questions that are still awaiting adequate (legal) responses as well as perspectives for the future.
Author: Marco Bünte Publisher: Routledge ISBN: 1317537661 Category : Law Languages : en Pages : 375
Book Description
In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states. This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, it considers various constitutional areas, including constitution drafting, human rights, legal safeguards and the continuing role of the military, sets constitutional developments in the wider political and historical context of each country, and makes comparisons both with Western democracies and with other developing regions. The book concludes by assessing overall how far constitutional practices and trajectories are converging towards a liberal Western model or towards a distinctly Southeast Asian model.
Author: Maria Sapignoli Publisher: Cambridge University Press ISBN: 1108126294 Category : Law Languages : en Pages : 441
Book Description
This book presents a long-term study of the activist campaign that contested the Botswana government's much-publicized removal of the San and Bakgalagadi people from the Central Kalahari Game Reserve. Sapignoli's multiple points of observation and analysis range from rural Botswana to the nation's High Court, and a variety of United Nations agencies in their Headquarters, focusing on rights claimants and officials from NGOs, states and the United Nations as they acted on the grievances of those who had been displaced. In offering a comprehensive discussion of the San people and their claims-making through formal institutions, this book maintains a consistent focus on the increased recourse to law and the everyday experience of those who are asserting their rights in response to the encroachments of the state and the opportunities inherent in new indigenous advocacy networks.
Author: Tove H. Malloy Publisher: Routledge ISBN: 1000205681 Category : Political Science Languages : en Pages : 225
Book Description
This volume describes and analyzes alternative and emerging models of non-territorial autonomy (NTA), particularly in relation to decentralization. The authors push the NTA debate in new directions by offering a re-conceptualization based on ethno-cultural bottom-up decentralized action that redefines autonomy into its true sense of autonomous action. Through description, critical analysis, and evaluation of several case studies, this book assesses the potential for new paradigms within decentralized systems. The authors explore two approaches to political decentralization which add to the theoretical debate on NTA – network governance, which focuses on new dynamics in policy processes, and normative pluralism, which focuses on accommodating the distinctness of the groups through the subsidiarity principle with regard to their own affairs. The book explores the potential ramifications of ethno-cultural NTA institutions acting within the wider framework of state institutions and assesses the functions of these institutions as another dimension of decentralization and thus another ‘layer’ of democracy. With contemporary examples from Europe, the Middle East, Asia and South Africa, as well as theoretical aspects of the conceptualization of autonomy, this book offers a truly global perspective. It will be of great interest to policy-makers in countries experiencing adverse developments due to the pressure on public management, as well as advanced students and scholars questioning the ability of the Westphalian system to address cultural diversity.
Author: Aylin Yildiz Noorda Publisher: BRILL ISBN: 9004522360 Category : Law Languages : en Pages : 282
Book Description
The open access publication of this book has been published with the support of the Swiss National Science Foundation. Climate change is forcing us to consider the right of people to leave their disappearing homelands, and the shape this right should take. Climate Change, Disasters and People on the Move proposes international protection as a solution with three pillars: granting protection against return to the country of origin (non-refoulement); preventing future displacement; and facilitating safe, orderly, and regular migration in the context of disasters and climate change. Dr. Aylin Yildiz Noorda uses the theories of common concern of humankind and community interests to operationalise her proposal, providing a blueprint for future claims.
Author: Barbara Linder Publisher: Edward Elgar Publishing ISBN: 1788119762 Category : Political Science Languages : en Pages : 197
Book Description
This book analyses to what extent the current human rights system allows affected individuals to claim accountability for human rights violations resulting from bilateral development and export credit agency supported undertakings. The author explores three legal pathways: host state responsibility, home state responsibility and corporate responsibility. The book concludes with recommendations on how to strengthen human rights accountability and improve access to justice for adversely affected individuals. It will be of great interest to those researching the intersection between human rights, development cooperation, and investment.
Author: Damien Short
Author: Damien Short
Author: United Nations. General Assembly
Author: Ying Hooi Khoo
Author: Prof. Dr. O.C. Kaligis, S.H., M.H.
Author: Marie-Claire Foblets
Author: Marco Bünte
Author: Maria Sapignoli
Author: Tove H. Malloy
Author: Aylin Yildiz Noorda
Author: Barbara Linder