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Indigenous Land Rights in the Inter-American System
  • Language: en
  • Pages: 358

Indigenous Land Rights in the Inter-American System

  • Categories: Law
  • Type: Book
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  • Published: 2020-10-12
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  • Publisher: BRILL

Rights to their traditional lands and resources are essential to the survival of indigenous peoples. This book analyzes the substance and procedure of the most advanced system of safeguarding these rights, developed in the Inter-American system of human rights protection.

Human Flourishing: The End of Law
  • Language: en
  • Pages: 1207

Human Flourishing: The End of Law

  • Categories: Law
  • Type: Book
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  • Published: 2023-10-09
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  • Publisher: BRILL

This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title “Human Flourishing: The End of Law” reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity. .

Nordic Approaches to Climate-Related Human Mobility
  • Language: en
  • Pages: 162

Nordic Approaches to Climate-Related Human Mobility

Academic discussion of climate‐related human mobility has understandably focused on the places where people are especially vulnerable to climate‐related harm: the Global South. Yet, the unique biophysical, legal and socio‐political characteristics of the Nordic region, as well as its roles as both ‘home’ and ‘host’ to climate‐related mobilities, justify its independent attention. Filling this lacuna, this collection is the first to address climate‐related human mobility in the Nordic region. It is a timely and much needed collection, which brings together leading and emerging voices from both academia and practice in a single volume, spanning policy and geographical breadth...

Nuclear Non-Proliferation in International Law - Volume V
  • Language: en
  • Pages: 394

Nuclear Non-Proliferation in International Law - Volume V

  • Categories: Law

This fifth volume in the book series on Nuclear Non-Proliferation in International Law focuses on various legal aspects regarding nuclear security and nuclear deterrence. The series on Nuclear Non-Proliferation in International Law provides scholarly research articles with critical commentaries on relevant treaty law, best practice and legal developments, thus offering an academic analysis and information on practical legal and diplomatic developments both globally and regionally. It sets a basis for further constructive discourse at both national and international levels. Jonathan L. Black-Branch is Dean of Law and Professor of International and Comparative Law at the University of Manitoba...

Cultural Heritage and International Law
  • Language: en
  • Pages: 281

Cultural Heritage and International Law

  • Categories: Law
  • Type: Book
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  • Published: 2018-07-04
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  • Publisher: Springer

This book explores the objects, means and ends of international cultural heritage protection. It starts from a broad conception of cultural heritage that encompasses both tangible property, such as museum objects or buildings, and intangible heritage, such as languages and traditions. Cultural heritage thus defined is protected by various legal regimes, including the law of armed conflicts, UNESCO Conventions and international criminal law. With a view to strengthening international protection, the authors analyze existing regimes and elaborate innovative concepts, such as blue helmets of culture and safe havens for endangered cultural heritage. Finally, the ends of international protection come to the fore, and the authors address possible conflicts between protecting cultural diversity and wishes to strengthen cultural identity.

Land and Forest Rights of Amazonian Indigenous Peoples from a National and International Perspective
  • Language: en
  • Pages: 416

Land and Forest Rights of Amazonian Indigenous Peoples from a National and International Perspective

  • Categories: Law
  • Type: Book
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  • Published: 2022-02-14
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  • Publisher: BRILL

In this book Siu Lang Carrillo Yap compares the land and forest rights of Amazonian indigenous peoples from Bolivia, Brazil, Ecuador and Peru, and analyses these rights in the context of international law, property law theory, and natural sciences.

Environmental Human Rights
  • Language: en
  • Pages: 447

Environmental Human Rights

  • Categories: Law
  • Type: Book
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  • Published: 2023-06-12
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  • Publisher: BRILL

Advancing sustainable development and democracy are the underlying purposes linking the landmark Escazú Agreement with the American Convention on Human Rights. Exploring both these treaties and the relevant regional jurisprudence, this monograph provides the first analysis of the ground-breaking environmental human rights law being developed in Latin America and the Caribbean. The key feature of the regional law is the priority it gives to equality and non-discrimination for vulnerable persons and groups, environmental defenders, local communities and indigenous peoples. This book brings practitioners and academics up to date with the legal tools for protecting people and planet.

A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples
  • Language: en
  • Pages: 268

A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples

  • Categories: Law

This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work’s broader objective to explore legal facts as well as to evaluate th...

The Treaty Prohibiting Nuclear Weapons
  • Language: en
  • Pages: 437

The Treaty Prohibiting Nuclear Weapons

  • Categories: Law

An examination of the Treaty on the Prohibition of Nuclear Weapons within the contemporary nuclear non-proliferation and disarmament security architecture.

The Requirement of Consultation with Indigenous Peoples in the ILO
  • Language: en
  • Pages: 262

The Requirement of Consultation with Indigenous Peoples in the ILO

  • Categories: Law
  • Type: Book
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  • Published: 2017-11-13
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  • Publisher: BRILL

In The Requirement of Consultation with Indigenous Peoples in the ILO, María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach.