Indigenous Peoples' Land Rights under International Law

From Victims to Actors

Dados Bibliográficos

ID2709342
AutoresJérémie Gilbert
Ano2007
Páginas349
Data de publicação2007-03-23
Open AccessNão
TipoBOOK
PeriódicoIndigenous Peoples' Land Rights under International Law (SOURCE_BOOK)
EditoraBrill | Nijhoff (PUBLISHER)
DOI10.1163/ej.9781571053695.1-352
OpenAlexW619907763
Open LibraryOL12200704M
ISBN9781571053695
IdiomaEN
Citações recebidas18

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

Autonomy · Geography · Human rights · Indigenous · Indigenous rights · International human rights law · International law · Land law · Land tenure · Political science · Restitution · Indigenous Peoples' Rights and Law · Law · Government · Indigenous peoples · Indigenous peoples (International law) · International · Land rights · Law Profession · Legal Reference · Legal status, laws · Legal status, laws, etc · non fiction · Private, family law · Private, property, family law · Property · Ecology