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Author: Jérémie Gilbert Publisher: BRILL ISBN: 9047431308 Category : Law Languages : en Pages : 352
Book Description
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: Jérémie Gilbert Publisher: BRILL ISBN: 9047431308 Category : Law Languages : en Pages : 352
Book Description
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: Mariana Monteiro de Matos Publisher: BRILL ISBN: 9004411275 Category : Law Languages : en Pages : 358
Book Description
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: Meg E. Rithmire Publisher: Cambridge University Press ISBN: 1107117305 Category : Business & Economics Languages : en Pages : 237
Book Description
This book explains the origins of Chinese land politics and explores how property rights and urban growth strategies differ among Chinese cities.
Author: Lata Marina Varghese Publisher: ISBN: 9781443870092 Category : Indic literature (English) Languages : en Pages : 0
Book Description
This book presents an informative examination of how the issue of womenâ (TM)s land rights has been dealt with both in Indian literature, particularly Indian English fiction, and in Indian society. The human rights of women are a revolutionary notion that has opened the way for the definition, analysis, and articulation of womenâ (TM)s experiences of widespread violence, degradation, discrimination, and marginality. Globally, womenâ (TM)s land rights are becoming an area of increasing urgency and concern as discrimination against women over land, property and inheritance rights continues to keep them in a subordinate position even today. Land empowers, and equality in land rights is an indicator of womenâ (TM)s economic empowerment and at the same time helps in poverty reduction. Many Indian writers, especially Indian English women novelists, have dealt with issues of land, dispossession, hunger and poverty in rural India in particular, but none have explicitly referred to womenâ (TM)s land rights. For men, land is an essential element of their identity as â ~providerâ (TM), but for women it is a demand for recognition as a human being. However, women in India are rarely landowners, and in most Indian families women do not own any property in their own names. They are usually refused a share in the paternal property, although, according to the Indian Succession Act, 1925, everyone is entitled to equal inheritance. Unfortunately in India, law and society conspire to deny women their right to land ownership, although there have been several legal amendments to redress this gender inequality. This book deals with the gap that lies between womenâ (TM)s land rights in India and the actual ownership of land.
Author: Margaret B. Holland Publisher: Springer Nature ISBN: 3030818810 Category : Social Science Languages : en Pages : 353
Book Description
This open access book presents a nuanced and accessible synthesis of the relationship between land tenure security and sustainable development. Contributing authors have collectively worked for decades on land tenure as connected with conservation and development across all major regions of the globe. The first section of this volume is intended as a standalone primer on land tenure security and its connections with sustainable development. The book then explores key thematic challenges that interact directly with land tenure security, followed by a section on strategies for addressing tenure insecurity. The book concludes with a section on new frontiers in research, policy, and action. An invaluable reference for researchers in the field and for practitioners looking for a comprehensive overview of this important topic. This is an open access book.
Author: Morad Elsana Publisher: Routledge ISBN: 0429593929 Category : Law Languages : en Pages : 152
Book Description
Introducing the Negev–Bedouin land issue from the international indigenous land rights perspective, this comparative study suggests options for the recognition of their land. The book demonstrates that the Bedouin land dispossession, like many indigenous peoples’, progressed through several phases that included eviction and displacement, legislation, and judicial decisions that support acts of dispossession and deny the Bedouin’s traditional land rights. Examining the Mawat legal doctrine on which the State and the Court rely on to deny Bedouin land rights, this volume introduces the relevant international law protecting indigenous land rights and shows how the limitations of this law prevent any meaningful protection of Bedouin land rights. In the second part of the work, the Aborigines’ land in Australia is introduced as an example of indigenous peoples' successful struggle for their traditional land rights. The final chapter analyzes the basic elements of judicial recognition of the land and shows that the basic elements needed for Bedouin land recognition exist in the Israeli legal system. Proposing practical recommendations for the recognition of Bedouin land, this volume is a key resource to scholars and students interested in land rights, international law, comparative studies, and the Middle East.
Author: Catherine Boone Publisher: Cambridge University Press ISBN: 1107040698 Category : Business & Economics Languages : en Pages : 439
Book Description
In sub-Saharan Africa, property relationships around land and access to natural resources vary across localities, districts, and farming regions. These differences produce patterned variations in relationships between individuals, communities, and the state. This book captures these patterns in an analysis of structure and variation in rural land tenure regimes. In most farming areas, state authority is deeply embedded in land regimes, drawing farmers, ethnic insiders and outsiders, lineages, villages, and communities into direct and indirect relationships with political authorities at different levels of the state apparatus. The analysis shows how property institutions - institutions that define political authority and hierarchy around land - shape dynamics of great interest to scholars of politics, including the dynamics of land-related competition and conflict, territorial conflict, patron-client relations, electoral cleavage and mobilization, ethnic politics, rural rebellion, and the localization and "nationalization" of political competition.
Author: Jérémie Gilbert
Author: Jérémie Gilbert
Author: 
Author: Mariana Monteiro de Matos
Author: Gregory K. Ingram
Author: Meg E. Rithmire
Author: Michael Albertus
Author: Lata Marina Varghese
Author: Margaret B. Holland
Author: Morad Elsana
Author: Catherine Boone