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Nowadays we are fortunate enough to be experiencing a boom in human rights - an enormous increase of their importance in the international sphere at all levels (political, economic, social, legal and moral). For the first time the condition of the individual as “citizen,” and not just as “subject,” has gained importance. Individuals, and not only states, have now become the subjects of international law, as a result of the boom in humanitarian law and international criminal law. However, although there have been many battles won and goals met concerning human rights, the war against injustice continues and the fight has not ended. It is necessary to stay alert and to avoid a potentia...
A distinctive feature of modern international society is the increase in the number of international judicial bodies and dispute settlement and implementation control bodies; in their case-loads; and in the range and importance of the issues they are called upon to address. These factors reflect a new stage in the delivery of international justice. The International Courts and Tribunals series has been established to encourage the publication of independent and scholarly works which address, in critical and analytical fashion, the legal and policy aspects of the functioning of international courts and tribunals, including their institutional, substantive, and procedural aspects. Book jacket.
This book provides a definitive account of the creation and rise of the international Indigenous Peoples’ movement. In the late 1970s, motivated by their dire situation and local struggles, and inspired by worldwide movements for social justice and decolonization, including the American civil rights movement, Indigenous Peoples around the world got together and began to organize at the international level. Although each defined itself by its relation to a unique land, culture, and often language, Indigenous Peoples from around the world made an extraordinary leap, using a common conceptual vocabulary and addressing international bodies that until then had barely recognized their existence....
Writing from a vantage point that respects tribal specificities and Indigenous sovereignty, the essays in this volume consider the relational place-worlds crafted by the Native American authors Louise Erdrich, Leanne Betasamosake Simpson, Gordon Henry Jr., Louis Owens, James Welch, Heid E. Erdrich, Ofelia Zepeda, and Simon J. Ortiz. Each is set in conversation with kindred writers and larger sociopolitical debates in the Americas, Africa, and Europe. The shared aim is to decolonize academic methodologies and disciplines across the Atlantic by tracing the creative, spiritual, and intellectual networks that Native writers have established with other communities at home and around the world. Key issues to arise include Native American/Indigenous theories and literary practices that center on relationality, the planetary turn, grounded normativity, trans-Indigeneity, transborder identities, movement, journeying, migration, multilingualism, genomic research, futurity, ecology, and justice.
La Globalizaci&ón, que euf&órica e ir&ónicamente es proclamada como espacio privilegiado para la integraci&ón de la ciudadan&ía en el milenio en el que nos adentramos ya con paso firme, est&á resultando ser un &ámbito cualificad&ísimo de exclusi&ón, segregaci&ón y victimaci&ón. La necesidad de construir y caminar hacia otra globalizaci&ón en donde los derechos humanos sean la condici&ón fundamental para la integraci&ón de las personas, es una exigencia radical que deber&ía funcionar como la principal prioridad de todas las agendas pol&íticas. Este trabajo pretende otorgar argumentos para sospechar de consideraciones ideol&ógicas de la globalizaci&ón empe&ñadas en hacer sos...
Volume 4 of 6 of the complete premium print version of journal forum for inter-american research (fiar), which is the official electronic journal of the International Association of Inter-American Studies (IAS). fiar was established by the American Studies Program at Bielefeld University in 2008. We foster a dialogic and interdisciplinary approach to the study of the Americas. fiar is a peer-reviewed online journal. Articles in this journal undergo a double-blind review process and are published in English, French, Portuguese and Spanish.
The field of ‘critical indigenous rights studies’ is a complex one that benefits from an interdisciplinary perspective and a realist (as opposed to an idealised) approach to indigenous peoples. This book draws on sociology of law, anthropology, political sciences and legal sciences in order to address emerging issues in the study of indigenous rights and identify directions for future research. The first part of the volume investigates how changing identities and cultures impact rights protection, analysing how policies on development and land, and processes such as migration, interrelate with the mobilisation of identities and the realisation of rights. In the second part, new approaches related to indigenous peoples’ rights are scrutinised as to their potential and relevance. They include addressing legal tensions from an indigenous peoples’ rights perspective, creating space for counter-narratives on international law and designing new instruments. Throughout the text, case studies with wide geographical scope are presented, ranging from Latin America (the book’s focus) to Egypt, Rwanda and Scandinavia.
This book examines the relationship between man and nature through different cultural approaches to encourage new environmental legislation as a means of fostering acceptance at a local level. In 2019, the International Union of Geological Sciences (IUGS) recognised that we have entered a new era, the Anthropocene, specifically characterised by the impact of one species, mankind, on environmental change. The Anthropocene is penetrating the discourse of both hard sciences and humanities and social sciences, by posing new epistemological as well as practical challenges to many disciplines. Legal sciences have so far been at the margins of this intellectual renewal, with few contributions on th...
The development and adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was a huge success for the global indigenous movement. This book offers an insightful and nuanced contemporary evaluation of the progress and challenges that indigenous peoples have faced in securing the implementation of this new instrument, as well as its normative impact, at both the national and international levels. The chapters in this collection offer a multi-disciplinary analysis of the UNDRIP as it enters the second decade since its adoption by the UN General Assembly in 2007. Following centuries of resistance by Indigenous peoples to state, and state sponsored, dispossession,...