Research handbook on the international law of indigenous rights
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書誌事項
Research handbook on the international law of indigenous rights
（Research handbooks in international law）
Edward Elgar Pub., c2022
- : cased
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内容説明・目次
内容説明
This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising for Indigenous peoples.
Offering readers an engaging review of ongoing lawmaking, adoption and implementation processes from both a global and regional perspective, it also investigates the important elements of Indigenous rights and economic issues, including trade, investment and economic growth. Furthermore, it offers timely coverage of environmental rights, land and natural resources.
This essential Handbook will provide a useful discussion point for practitioners on Indigenous rights developments and scholars looking for an innovative approach on cutting-edge issues. Policymakers wanting to understand the major issues with the implementation of the UN Declaration on the Rights of Indigenous People (UNDRIP) will also find this invaluable.
目次
Contents:
Preface xiv
Note to readers on capitalization of Indigenous xv
PART I INTRODUCTION
1 Internationalization of the law of Indigenous rights 2
Dwight Newman
PART II ONGOING LAWMAKING ON INDIGENOUS RIGHTS IN
GLOBAL AND REGIONAL CONTEXTS
2 Regional Indigenous rights and the (dis)contents of translation: a view
from Latin America 10
Lucas Lixinski
3 The American Declaration on the Rights of Indigenous Peoples: the
law-making, adoption and implementation processes 25
Leonardo A. Crippa
4 The emergence and evolution of the global Indigenous rights movement 43
Ken Coates and Carin Holroyd
5 Evaluation of Indigenous peoples' influence during the drafting process
of UNDRIP 56
Lola Ayotunde
PART III INDIGENOUS SELF-DETERMINATION, PARTICIPATORY
RIGHTS, AND NATURAL RESOURCES
6 Self-determination rights 75
Alexandra Xanthaki
7 Free prior and informed consent and Indigenous rights: a bulwark
against discrimination and platform for self-determination 96
Cathal Doyle
8 Indigenous resource rights at their core (and what these are not) 129
Mattias Ahren
PART IV INDIGENOUS LAND, RESOURCE, AND ENVIRONMENTAL
RIGHTS
9 Indigenous peoples' right to self-determination and the principle of
state sovereignty over natural resources: a human rights approach and
its constructive ambiguity 148
Dorothee Cambou
10 Indigenous peoples' environmental human rights - from objects of
protection towards stewardship: assessment of current international standards 169
Leena Heinamaki
11 Indigenous participation in resource development: the promise and
limitations of international safeguards 202
George K. Foster
12 Models of Indigenous territorial control in common law countries:
a functional comparison 226
Malcolm Lavoie
PART V INDIGENOUS RIGHTS, INVESTMENT, TRADE, AND
ECONOMIC GROWTH
13 Indigenous peoples in international investment law: a TWAIL/UNDRIP
reading 256
Ibironke T. Odumosu-Ayanu
14 Indigenous rights and trade: the USMCA and contemporary issues 280
Shannon Hale
15 Participation of Indigenous peoples in global economic activity 308
Ken Coates and Carin Holroyd
PART VI INDIGENOUS CULTURAL HERITAGE, INTELLECTUAL
PROPERTY RIGHTS, AND RELIGIOUS FREEDOM
16 Indigenous cultural heritage and international law 332
Federico Lenzerini
17 Indigenous peoples' rights in equitable benefit-sharing over genetic
resources: digital sequence information (DSI) and a new technological
landscape 354
Chidi Oguamanam
18 Indigenous religious freedom in international law: a discussion of the
potential of Articles 12 and 25 of the United Nations Declaration on the
Rights of Indigenous Peoples (UNDRIP) 376
Adrienne Tessier
PART VII COMPLEXITIES OF INDIGENOUS PEOPLES, PLACES,
AND IDENTITIES
19 Fiji and the UN Declaration on the Rights of Indigenous Peoples:
indigeneity and the right to self-determination in a majority-Indigenous
context 397
Dominic O'Sullivan
20 Transboundary rights and indigenous peoples between two or more states 413
Harum Mukhayer
21 Definitional complexities and the boundaries of the concept of
Indigenous peoples 438
Nnaemeka Ezeani and Dwight Newman
Appendix 459
Index 492
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