J Gilbert
Biographic Data
| ID | 11773 |
|---|---|
| NAME | J Gilbert |
| GIVEN NAMES | J |
| FAMILY NAME | Gilbert |
| SIGNATURE | GILBERT J |
| AFFILIATIONS | University of Roehampton |
| ORCID | 0000-0003-1377-3494 |
| VERIFIED | Yes |
| TOTAL WORKS | 22 |
| TOTAL CITATIONS | 46 |
| AUTHOR COUNT | 22 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1891 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 4 |
Rights of Nature on the Island of Ireland: Origins, Drivers, and Implications for Future Rights of Nature Movements
Over the course of 2021, several local councils across the island of Ireland introduced motions recognizing the 'Rights of Nature'. To date, little research has been conducted into these nascent Rights of Nature movements, even though they raise important questions about the philosophical, cultural, political, and legal drivers in pursuing such rights. Similarly, much remains unclear as to the implications of such initiatives, both in their domes…
Understanding the Rights of Nature: Working Together Across and Beyond Disciplines
Recognising the rights of nature is seen by many as the paradigm shift needed to truly embed ecology and the environment into nature-based policy and management solutions to address biodiversity loss, climate change, and sustainable development. However, despite its potential, research across and beyond disciplinary boundaries remains very limited, with most located in the humanities and social sciences and often lacking connection with environme…
Creating Synergies between International Law and Rights of Nature
Against the backdrop of failing environmental governance, rights of nature (RoN) are lauded as the paradigm shift needed to transform law's approach to nature. RoN have been increasingly proclaimed at the domestic level but remain mostly absent from international law. As examined in this article, this is notably as a result of some profound incompatibilities between international law and RoN, including the fact that most international treaties ap…
The rights of nature, Indigenous peoples and international human rights law: From dichotomies to synergies
This article explores some of the challenges associated with the development of the rights of nature (RoN) and the recognition of Indigenous legal and cultural traditions. It considers whether the rights of Indigenous peoples under international human rights law can provide a relevant legal framework to ensure that Indigenous rights are respected and realized through the development of RoN. Focusing on self-determination, land rights, cultural ri…
Indigenous rights and ILO Convention 169: Learning from the past and challenging the future
This special issue of the journal is about one of the most significant, yet largely overlooked, international rights instruments concerning indigenous peoples: the ILO Convention 169 on the rights of indigenous and tribal peoples. It offers a highly needed critical perspective bringing together practitioners, institutional actors, indigenous leaders and academics in an attempt to take stock of nearly 30 years of its existence
Towards new development paradigms: The United Nations Declaration on the Rights of Indigenous Peoples as a tool to support self-determined development
Since the adoption of the UN Declaration on the Rights of Indigenous Peoples, indigenous peoples’ agency and ideas of development have become more central to wider development processes. This change finds its roots in the concept of ‘self-determined development’ (SDD), which has been fortified by the adoption of UNDRIP. SDD is built around key norms of UNDRIP, such as the rights of self-determination, free, prior and informed consent, the links b…
The ILO Convention 169 and the Central African Republic: From catalyst to benchmark
In ratifying the ILO Convention 169 on Indigenous and Tribal Peoples Convention (ILO 169) in 2010, the Central African Republic (CAR) became the first African country to join the Convention. Following the ratification of the Convention, the CAR has engaged in a process of integration of the Convention within its national political and legal system. However, due to the widespread conflicts that has marked the country since 2013, the process of imp…
Natural Resources and Human Rights
The management of natural resources is linked to broad issues of economic development, as well as to political stability, peace, and security, but it is also intimately connected to the political, economic, social, and cultural rights of individuals and communities relying on these resources. Bad management of natural resources often leads to ill-planned development, misappropriation of land, corruption, bad governance, misaligned budget prioriti…
Conclusion: An Appraisal
This chapter concludes the book, and its summary offers an appraisal of the content and value of human rights law in the overall architecture dominating international resource law. To do so, it examines who are the rights-holders and the duty-bearers in the human rights-based approach to natural resources management. The conclusion argues that human rights law offers a significant platform that can help transfer sovereignty over natural resources…
Litigating indigenous peoples' cultural rights: Comparative analysis of Kenya and Uganda
Across Africa, indigenous peoples have increasingly approached courts for legal redress for violations of their rights. Many indigenous peoples have turned to litigation to reclaim their rights over their ancestral territories and protection of their cultural identity and heritage. Significantly, these claims have been legally articulated as cultural rights since land rights are connected with their right to culture, spirituality and cultural sur…
Back to the Future? Aims and Ends for Future-Oriented Science Education Policy – The New Zealand Context
Science and science education are a focus of high-level government policy settings in many countries. Greater public interest in and knowledge of science is seen as being an important prerequisite for economic growth and social development in the Knowledge Age. In this article, I argue that current policy approaches are misguided and potentially harmful – for science, for education, and for future social development. Using specific examples from …
Litigating Indigenous Peoples’ Rights in Africa: Potentials, Challenges and Limitations
Adopting a comparative analysis, this article examines some recent litigation which has focused on indigenous peoples’ rights across the African continent. The aim is to explore both the potential and the challenges and limitations of litigation as a tool for supporting the rights of indigenous peoples. The article explores the extent to which a specific African jurisprudence is emerging on issues that are essential to indigenous peoples such as …
Nomadic Peoples and Human Rights
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 o…
The Right to Freely Dispose of Natural Resources: Utopia or Forgotten Right
Control, ownership and exploitation of high value natural resources have often led to two types of situations: conflicts and extreme poverty. Very little legal analysis has been undertaken of the elementary issue of ownership and control of natural resources. Legally, control over natural resources is traditionally one of the attributes of State sovereignty, but under human rights law it is also a right of peoples. Despite being a key aspect of t…
Land Rights and Nomadic Peoples: Using International Law at the Local Level
Introduction Despite a profound attachment to their lands and territories, nomadic peoples throughout the world and history have seen their land encroached on and reduced. International law has played a significant role in the non-recognition of the rights of nomadic peoples. For a long time international law has been based on territorial rules that were supporting the view that to be occupied a land needed to be used in a settled fashion, with t…
Iii. Indigenous Peoples' Human Rights in Africa: The Pragmatic Revolution of the African Commission on Human and Peoples' Rights
The definition and scope of indigenous peoples' human rights are usually contentious in the context of Africa. 2 While in recent years indigenous peoples' human rights have expanded immensely internationally, in Africa indigenous peoples' rights are still perceived to be in their infancy. 3 At the United Nations, the group of African States delayed the process that finally led to the adoption of the United Nations Declaration of the Rights of Ind…
Historical Indigenous Peoples' Land Claims: A Comparative and International Approach to the Common Law Doctrine on Indigenous Title
Within common law systems a body of jurisprudence has developed according to which indigenous peoples' land rights have been recognized based upon historical patterns of use and occupancy and corresponding traditional land tenure. Looking at the emerging common law doctrine on aboriginal or native title, this article examines how legal institutions are building a theory on historical land claims through the recognition of indigenous laws deriving…
Nomadic Territories: A Human Rights Approach to Nomadic Peoples' Land Rights
Journal Article Nomadic Territories: A Human Rights Approach to Nomadic Peoples' Land Rights Get access Jérémie Gilbert Jérémie Gilbert * *Lecturer, Transitional Justice Institute, University of Ulster ( [email protected] ). Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 7, Issue 4, 2007, Pages 681-716, https://doi.org/10.1093/hrlr/ngm030 Published: 23 October 2007
Justice not revenge: The International Criminal Court and the ‘grounds to exclude criminal responsibility’ – defences or negation of criminality
Human rights law has evolved based on the idea of fait trial and protection of the accused, however with the development of international criminal law human rights law has focused on the notion of prosecution. During the drafting of the Rome Statute of the International \nCriminal Court there was a large debate on whether the Statute should include a reference to defences that exclude the responsibility of the accused. This article explores the d…
Popular Music
This chapter deals with work published in the area of popular music in the year 2002.
Popular Music
Journal Article 9 Popular Music Get access JEREMY GILBERT JEREMY GILBERT Search for other works by this author on: Oxford Academic Google Scholar The Year's Work in Critical and Cultural Theory, Volume 11, Issue 1, 1 August 2003, Pages 113–126, https://doi.org/10.1093/ywcct/mbg009 Published: 01 July 2003
Pre-Collegiate Oxford
Nomadic Territories: A Human Rights Approach to Nomadic Peoples' Land Rights
Journal Article Nomadic Territories: A Human Rights Approach to Nomadic Peoples' Land Rights Get access Jérémie Gilbert Jérémie Gilbert * *Lecturer, Transitional Justice Institute, University of Ulster ( [email protected] ). Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 7, Issue 4, 2007, Pages 681-716, https://doi.org/10.1093/hrlr/ngm030 Published: 23 October 2007
Historical Indigenous Peoples' Land Claims: A Comparative and International Approach to the Common Law Doctrine on Indigenous Title
Within common law systems a body of jurisprudence has developed according to which indigenous peoples' land rights have been recognized based upon historical patterns of use and occupancy and corresponding traditional land tenure. Looking at the emerging common law doctrine on aboriginal or native title, this article examines how legal institutions are building a theory on historical land claims through the recognition of indigenous laws deriving…
Indigenous rights and ILO Convention 169: Learning from the past and challenging the future
This special issue of the journal is about one of the most significant, yet largely overlooked, international rights instruments concerning indigenous peoples: the ILO Convention 169 on the rights of indigenous and tribal peoples. It offers a highly needed critical perspective bringing together practitioners, institutional actors, indigenous leaders and academics in an attempt to take stock of nearly 30 years of its existence
Towards new development paradigms: The United Nations Declaration on the Rights of Indigenous Peoples as a tool to support self-determined development
Since the adoption of the UN Declaration on the Rights of Indigenous Peoples, indigenous peoples’ agency and ideas of development have become more central to wider development processes. This change finds its roots in the concept of ‘self-determined development’ (SDD), which has been fortified by the adoption of UNDRIP. SDD is built around key norms of UNDRIP, such as the rights of self-determination, free, prior and informed consent, the links b…
Litigating indigenous peoples' cultural rights: Comparative analysis of Kenya and Uganda
Across Africa, indigenous peoples have increasingly approached courts for legal redress for violations of their rights. Many indigenous peoples have turned to litigation to reclaim their rights over their ancestral territories and protection of their cultural identity and heritage. Significantly, these claims have been legally articulated as cultural rights since land rights are connected with their right to culture, spirituality and cultural sur…
Litigating Indigenous Peoples’ Rights in Africa: Potentials, Challenges and Limitations
Adopting a comparative analysis, this article examines some recent litigation which has focused on indigenous peoples’ rights across the African continent. The aim is to explore both the potential and the challenges and limitations of litigation as a tool for supporting the rights of indigenous peoples. The article explores the extent to which a specific African jurisprudence is emerging on issues that are essential to indigenous peoples such as …
The Right to Freely Dispose of Natural Resources: Utopia or Forgotten Right
Control, ownership and exploitation of high value natural resources have often led to two types of situations: conflicts and extreme poverty. Very little legal analysis has been undertaken of the elementary issue of ownership and control of natural resources. Legally, control over natural resources is traditionally one of the attributes of State sovereignty, but under human rights law it is also a right of peoples. Despite being a key aspect of t…
Land Rights and Nomadic Peoples: Using International Law at the Local Level
Introduction Despite a profound attachment to their lands and territories, nomadic peoples throughout the world and history have seen their land encroached on and reduced. International law has played a significant role in the non-recognition of the rights of nomadic peoples. For a long time international law has been based on territorial rules that were supporting the view that to be occupied a land needed to be used in a settled fashion, with t…
Rights of Nature on the Island of Ireland: Origins, Drivers, and Implications for Future Rights of Nature Movements
Over the course of 2021, several local councils across the island of Ireland introduced motions recognizing the 'Rights of Nature'. To date, little research has been conducted into these nascent Rights of Nature movements, even though they raise important questions about the philosophical, cultural, political, and legal drivers in pursuing such rights. Similarly, much remains unclear as to the implications of such initiatives, both in their domes…
Creating Synergies between International Law and Rights of Nature
Against the backdrop of failing environmental governance, rights of nature (RoN) are lauded as the paradigm shift needed to transform law's approach to nature. RoN have been increasingly proclaimed at the domestic level but remain mostly absent from international law. As examined in this article, this is notably as a result of some profound incompatibilities between international law and RoN, including the fact that most international treaties ap…
The rights of nature, Indigenous peoples and international human rights law: From dichotomies to synergies
This article explores some of the challenges associated with the development of the rights of nature (RoN) and the recognition of Indigenous legal and cultural traditions. It considers whether the rights of Indigenous peoples under international human rights law can provide a relevant legal framework to ensure that Indigenous rights are respected and realized through the development of RoN. Focusing on self-determination, land rights, cultural ri…
Iii. Indigenous Peoples' Human Rights in Africa: The Pragmatic Revolution of the African Commission on Human and Peoples' Rights
The definition and scope of indigenous peoples' human rights are usually contentious in the context of Africa. 2 While in recent years indigenous peoples' human rights have expanded immensely internationally, in Africa indigenous peoples' rights are still perceived to be in their infancy. 3 At the United Nations, the group of African States delayed the process that finally led to the adoption of the United Nations Declaration of the Rights of Ind…
Pre-Collegiate Oxford
Popular Music
Journal Article 9 Popular Music Get access JEREMY GILBERT JEREMY GILBERT Search for other works by this author on: Oxford Academic Google Scholar The Year's Work in Critical and Cultural Theory, Volume 11, Issue 1, 1 August 2003, Pages 113–126, https://doi.org/10.1093/ywcct/mbg009 Published: 01 July 2003
Popular Music
This chapter deals with work published in the area of popular music in the year 2002.
Justice not revenge: The International Criminal Court and the ‘grounds to exclude criminal responsibility’ – defences or negation of criminality
Human rights law has evolved based on the idea of fait trial and protection of the accused, however with the development of international criminal law human rights law has focused on the notion of prosecution. During the drafting of the Rome Statute of the International \nCriminal Court there was a large debate on whether the Statute should include a reference to defences that exclude the responsibility of the accused. This article explores the d…
Historical Indigenous Peoples' Land Claims: A Comparative and International Approach to the Common Law Doctrine on Indigenous Title
Within common law systems a body of jurisprudence has developed according to which indigenous peoples' land rights have been recognized based upon historical patterns of use and occupancy and corresponding traditional land tenure. Looking at the emerging common law doctrine on aboriginal or native title, this article examines how legal institutions are building a theory on historical land claims through the recognition of indigenous laws deriving…
Nomadic Territories: A Human Rights Approach to Nomadic Peoples' Land Rights
Journal Article Nomadic Territories: A Human Rights Approach to Nomadic Peoples' Land Rights Get access Jérémie Gilbert Jérémie Gilbert * *Lecturer, Transitional Justice Institute, University of Ulster ( [email protected] ). Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 7, Issue 4, 2007, Pages 681-716, https://doi.org/10.1093/hrlr/ngm030 Published: 23 October 2007
Iii. Indigenous Peoples' Human Rights in Africa: The Pragmatic Revolution of the African Commission on Human and Peoples' Rights
The definition and scope of indigenous peoples' human rights are usually contentious in the context of Africa. 2 While in recent years indigenous peoples' human rights have expanded immensely internationally, in Africa indigenous peoples' rights are still perceived to be in their infancy. 3 At the United Nations, the group of African States delayed the process that finally led to the adoption of the United Nations Declaration of the Rights of Ind…
Land Rights and Nomadic Peoples: Using International Law at the Local Level
Introduction Despite a profound attachment to their lands and territories, nomadic peoples throughout the world and history have seen their land encroached on and reduced. International law has played a significant role in the non-recognition of the rights of nomadic peoples. For a long time international law has been based on territorial rules that were supporting the view that to be occupied a land needed to be used in a settled fashion, with t…
The Right to Freely Dispose of Natural Resources: Utopia or Forgotten Right
Control, ownership and exploitation of high value natural resources have often led to two types of situations: conflicts and extreme poverty. Very little legal analysis has been undertaken of the elementary issue of ownership and control of natural resources. Legally, control over natural resources is traditionally one of the attributes of State sovereignty, but under human rights law it is also a right of peoples. Despite being a key aspect of t…
Nomadic Peoples and Human Rights
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 o…
Back to the Future? Aims and Ends for Future-Oriented Science Education Policy – The New Zealand Context
Science and science education are a focus of high-level government policy settings in many countries. Greater public interest in and knowledge of science is seen as being an important prerequisite for economic growth and social development in the Knowledge Age. In this article, I argue that current policy approaches are misguided and potentially harmful – for science, for education, and for future social development. Using specific examples from …
Litigating Indigenous Peoples’ Rights in Africa: Potentials, Challenges and Limitations
Adopting a comparative analysis, this article examines some recent litigation which has focused on indigenous peoples’ rights across the African continent. The aim is to explore both the potential and the challenges and limitations of litigation as a tool for supporting the rights of indigenous peoples. The article explores the extent to which a specific African jurisprudence is emerging on issues that are essential to indigenous peoples such as …
Natural Resources and Human Rights
The management of natural resources is linked to broad issues of economic development, as well as to political stability, peace, and security, but it is also intimately connected to the political, economic, social, and cultural rights of individuals and communities relying on these resources. Bad management of natural resources often leads to ill-planned development, misappropriation of land, corruption, bad governance, misaligned budget prioriti…
Conclusion: An Appraisal
This chapter concludes the book, and its summary offers an appraisal of the content and value of human rights law in the overall architecture dominating international resource law. To do so, it examines who are the rights-holders and the duty-bearers in the human rights-based approach to natural resources management. The conclusion argues that human rights law offers a significant platform that can help transfer sovereignty over natural resources…
Litigating indigenous peoples' cultural rights: Comparative analysis of Kenya and Uganda
Across Africa, indigenous peoples have increasingly approached courts for legal redress for violations of their rights. Many indigenous peoples have turned to litigation to reclaim their rights over their ancestral territories and protection of their cultural identity and heritage. Significantly, these claims have been legally articulated as cultural rights since land rights are connected with their right to culture, spirituality and cultural sur…
Towards new development paradigms: The United Nations Declaration on the Rights of Indigenous Peoples as a tool to support self-determined development
Since the adoption of the UN Declaration on the Rights of Indigenous Peoples, indigenous peoples’ agency and ideas of development have become more central to wider development processes. This change finds its roots in the concept of ‘self-determined development’ (SDD), which has been fortified by the adoption of UNDRIP. SDD is built around key norms of UNDRIP, such as the rights of self-determination, free, prior and informed consent, the links b…
The ILO Convention 169 and the Central African Republic: From catalyst to benchmark
In ratifying the ILO Convention 169 on Indigenous and Tribal Peoples Convention (ILO 169) in 2010, the Central African Republic (CAR) became the first African country to join the Convention. Following the ratification of the Convention, the CAR has engaged in a process of integration of the Convention within its national political and legal system. However, due to the widespread conflicts that has marked the country since 2013, the process of imp…
Indigenous rights and ILO Convention 169: Learning from the past and challenging the future
This special issue of the journal is about one of the most significant, yet largely overlooked, international rights instruments concerning indigenous peoples: the ILO Convention 169 on the rights of indigenous and tribal peoples. It offers a highly needed critical perspective bringing together practitioners, institutional actors, indigenous leaders and academics in an attempt to take stock of nearly 30 years of its existence
The rights of nature, Indigenous peoples and international human rights law: From dichotomies to synergies
This article explores some of the challenges associated with the development of the rights of nature (RoN) and the recognition of Indigenous legal and cultural traditions. It considers whether the rights of Indigenous peoples under international human rights law can provide a relevant legal framework to ensure that Indigenous rights are respected and realized through the development of RoN. Focusing on self-determination, land rights, cultural ri…
Understanding the Rights of Nature: Working Together Across and Beyond Disciplines
Recognising the rights of nature is seen by many as the paradigm shift needed to truly embed ecology and the environment into nature-based policy and management solutions to address biodiversity loss, climate change, and sustainable development. However, despite its potential, research across and beyond disciplinary boundaries remains very limited, with most located in the humanities and social sciences and often lacking connection with environme…
Creating Synergies between International Law and Rights of Nature
Against the backdrop of failing environmental governance, rights of nature (RoN) are lauded as the paradigm shift needed to transform law's approach to nature. RoN have been increasingly proclaimed at the domestic level but remain mostly absent from international law. As examined in this article, this is notably as a result of some profound incompatibilities between international law and RoN, including the fact that most international treaties ap…
Rights of Nature on the Island of Ireland: Origins, Drivers, and Implications for Future Rights of Nature Movements
Over the course of 2021, several local councils across the island of Ireland introduced motions recognizing the 'Rights of Nature'. To date, little research has been conducted into these nascent Rights of Nature movements, even though they raise important questions about the philosophical, cultural, political, and legal drivers in pursuing such rights. Similarly, much remains unclear as to the implications of such initiatives, both in their domes…
Political science (18 works) · Law (16 works) · Human rights (13 works) · Law (11 works) · Sociology (11 works) · Geography (10 works) · Indigenous (10 works) · Human Rights and Development (9 works) · Indigenous Peoples' Rights and Law (8 works) · Environmental law and policy (7 works)