Published in concomitance with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, this volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, investigate the right of indigenous peoples to reparation for breaches of their individual and collective rights. The first part of the book is devoted to general aspects of this important matter, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law, and the vision of reparations as conceived by the communities concerned. The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, examining the best practices of reparations according to the ideologies and expectations of indigenous peoples and offering a comparative perspective on the ways in which the right of these peoples to redress for the injuries suffered is realized worldwide. The global picture painted by these contributions provides a view of the status of relevant international law that is synthesized in the two final chapters of the book, which include a concrete example of how a judicial claim for reparation is to be structured and prescribes the best practices and strategies to be adopted in order to maximize the opportunities for indigenous peoples to obtain effective redress. As a whole, this volume offers a comprehensive vision of its subject matter in international and comparative law, with a practical approach aimed at supporting legal academics, administrators, and practitioners in improving the avenues and modalities of reparations for indigenous peoples.
This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights.
This book is substantially challenging this belief by uncovering its legal justifications based on discovery and terra nullius as retrospectively created legal fictions and demonstrating it ́s untenability in practice.
One of the strengths of this book is its interdisciplinary perspective—contributors are historians, anthropologists, human rights lawyers, sociologists, and political scientists.
Reparations is an idea whose time has come. From civilian victims of war in Iraq and South America to descendents of slaves in the US to citizens of colonized nations...
Rights, Debates, Challenges Alexandra Xanthaki, Sanna Valkonen, Leena Heinämäki, Piia Kristiina Nuorgam ... 38 T Kongolo, Unsettled International Intellectual Property Issues (Kluver Law International, 2008) 42; Carpenter (n 28) 54, ...
In A. D. Dixson & C. K. Rousseau (Eds.), Critical race theory in education: All God's children got a song. New York, NY: Routledge and Taylor ... Power and the promise of school reform: Grassroots movements during the Progressive Era.
Through chapters that chart cycles of dispossession, land seizure, and settlement in Indian Territory, Alaina E. Roberts draws on archival research and family history to upend the traditional story of Reconstruction.
The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles.
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Nancy Carlson led the group on a tour of the building before we began our business for the day. Larry Wright Jr., chairman of the Ponca Tribe of Nebraska, opened and closed our meeting with a prayer. He set a somber, respectful tone as ...