| Description |
1 online resource (349 pages) |
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text file |
| Contents |
Indigenous Peoples' Land Rights under International Law: From Victims to Actors; Copyright; Dedication; Contents; Preface to the New Edition; Table of Cases and Decisions; Table of Treaties and Instruments; List of Abbreviations; Introduction -- Territoriality: The Thread of Indigenous Cultures; PART 1: Indigenous Peoples as Victims: Theories of Dispossession; 1: Means of Acquisition; A The Conquest of Indigenous Territories; 1 Justifications of Conquest: Commerce, Christianity and Civilization; 2 Discriminatory Rules of Conquest; B The Occupation of Indigenous Territories. |
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1 The Post-Westphalian Order: Dichotomy between Nations and Indigenous Communities2 Occupation of "Vacant" Territories: Terra Nullius as a Legal Fiction; 3 Terra Nullius by Other Means: Contemporary Forms of Denial; Conclusion; 2: Means of Extinguishment; A The Extinguishment of Indigenous Territorial Sovereignty by Colonial Treaties; 1 A Process of Retrogression: From International Law to "Domestic Dependent Nations"; 2 The "Trail of Broken Treaties": Contemporary Enforcement of Colonial Treaties; B Theories of Extinguishable Indigenous Land Rights. |
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1 Discovery: A Theory of Extinguishable Right of Occupancy2 Contemporary Theories of Extinguishable Indigenous Title; Conclusion; PART 2: Indigenous Peoples as Subjects: Theories of Protection; 3: Land Rights as Proprietary Rights; A Property Rights: Sources and Content; 1 Weaknesses and Promises of the Property Rights Discourse; 2 Indigenous Peoples' Right to Collective Land Ownership; B Effective Measures of Protection and Demarcation; 1 Restriction on Land Transferability: The Danger of Paternalism; 2 Land Identification and Demarcation; C Reparation, Remedies and Restitution. |
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1 The Right to Restitution2 Addressing Past Dispossession: The Role of Human Rights; Conclusion; 4: Land Rights as Cultural Rights; A Land is Life: Land Rights as Subsistence Rights; 1 Land Rights as a Means to a Collective Existence; 2 Right to Subsistence, Access to Livelihood and the Right to Life; B Land Rights as a Way of Life: Traditions and Spirituality; 1 The Minority Rights Approach: Land Rights as Tradition; 2 Religion, Spirituality and Land Rights; C Land Rights as Cultural Heritage: Towards a Right to Cultural Integrity. |
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1 The Cultural Heritage Approach: The Danger of Compartmentalisation2 The Holistic Approach: Land Rights as Cultural Integrity; Conclusion; PART 3: Indigenous Peoples as Actors: Negotiating Land Rights; 5: Self-determination, Territoriality and Consent; A The Self-determination and Land Rights Nexus; 1 The Caveat of Self-determination: States' Territorial Integrity; 2 The Relational and Interpretative Values of Self-determination; B Self-determination, Natural Resources and Consent; 1 Self-determination, Land Rights and Natural Resources. |
| Note |
2 Self-determination and Free, Prior, and Informed Consent. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Indigenous peoples -- Land tenure.
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Indigenous peoples -- Land tenure. |
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Indigenous peoples -- Legal status, laws, etc.
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Indigenous peoples -- Legal status, laws, etc. |
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Indigenous peoples (International law)
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Indigenous peoples (International law) |
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Human rights.
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Human rights. |
| Genre/Form |
Electronic books.
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| Subject |
Human rights. |
| Other Form: |
Print version: Gilbert, Jérémie. Indigenous Peoples' Land Rights under International Law : From Victims to Actors. Second Revised Edition. : BRILL, ©2016 9789004323247 |
| ISBN |
9004323252 |
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9789004323254 (electronic book) |
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