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Der Spiegel
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Justice and Unjusticiability
The book tries to identify the main contours of unjusticiability and non-justiciability from an historical and comparative perspective distinguishing between common law world and civil law tradition. In the light of a general overview, the aim of this publication is to reflect on the utility of paving the way for a much wider approach to unjusticiability. More precisely, some scholars have recently suggested that such a notion could embrace all the situations where a court does not decide a case, so that it is impossible for the plaintiff to have the case decided by a court. A first category covers the situations where the court refuses to judge because it does not want to judge. A second category is related to all the cases where there is an impossibility to reach a decision. Any case where the judge cannot or does not wish to make justice--si iudex non facit iustitiam--continues to indicate a series of new (and old) questions.
Bewildering Borders
Transfrontier conservation challenges African borders, the "colonial scars of history". The global tourism industry has discovered the potential of African borderlands for adventure travel. Iconic animals and indigenous cultures are marketed in the same breath, often evoking stereotypical images of "Wild Africa". Can ecotourism and ethno-tourism be commended as viable panaceas for environmental protection and development? The marketing of nature and culture raises important questions on the meaningful inclusion of local communities as tourism entrepreneurs. Living museums and cultural villages are emerging as start-ups of local communities. They commodify ethnicity albeit on their own terms. This volume debates the economy of conservation, providing diverse perspectives on an issue of great contemporary relevance.
Lost Lands?
Indigenous peoples in international law --Historical overview --"Indigenous peoples" : term, concepts, and definitions --Differentiation from the term "Minority" --Special indigenous rights or special circumstances? : indigenous protection standards, rights of freedom, and self-determination --Sources of law --Binding norms --ILO convention 169 --UN convention on biological diversity --"Soft law" instruments --Agenda 21, chapter 26 (1992) --UN declaration on the rights of indigenous peoples --Declarations and policies of various international bodies --Indigenous rights as part of customary international law --"Sources of Life" : lands and natural resources --Material standards of protection ...
Tracking Indigenous Heritage
"Tracking Indigenous Heritage" describes the expierences of the Ju/'hoansi of north-eastern Namibia, who perform their 'traditional' hunter-gatherer lifestyle as a means of generating income. Being constantly concerned with their Intangible Cultural Heritage, they experimentally re-interpret it for the creation of specific staged touristic performances. The children grow up with the regular enactment of traditional culture and playfully practice and r-enact it themselves. After Ju/'hoansi are moving towards a new position inside the nation state. In Living Museums and Cultural Villages located in protected nature conservancies in the Kalahari Desert, the Ju/'hoansi handle their cultural heritage as a basis for self-determination and as a strategy to achieve their claims for indigenous rights.
Zeitungs-Index
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