Indigenous peoples' land rights under international law [electronic resource] : from victims to actors / Jérémie Gilbert.

Format:

Book

Author/Creator:

Gilbert, Jérémie.

Series:

Nijhoff eBook titles 2007

Language:

English

Subjects (All):

Indigenous peoples--Land tenure.

Indigenous peoples.

Indigenous peoples--Legal status, laws, etc.

Indigenous peoples (International law).

Human rights.

Physical Description:

1 online resource (352 p.)

Edition:

1st ed.

Place of Publication:

Ardsley, N.Y. : Transnational Publishers, c2006.

Language Note:

English

Summary:

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.

Contents:

pt. 1. Indigenous peoples as victims : theories of dispossession

pt. 2. Indigenous peoples as subjects : theories of protection and reparation

pt. 3. Indigenous peoples as actors : negotiating land rights.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

1-283-06022-1

9786613060228

90-474-3130-8

OCLC:

719377481

Publisher Number:

10.1163/ej.9781571053695.1-352 DOI