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Indigenous Peoples' Cultural Property Claims
  • Language: en
  • Pages: 246

Indigenous Peoples' Cultural Property Claims

  • Categories: Law

This book analyses the legal aspects of international claims by indigenous peoples for the repatriation of their cultural property, and explores what legal norms and normative orders would be appropriate for resolving these claims. To establish context, the book first provides insights into the exceptional legislative responses to the cultural property claims of Native American tribes in the United States and looks at the possible relevance of this national law on the international level. It then shifts to the multinational setting by using the method of legal pluralism and takes into consideration international human rights law, international cultural heritage law, the applicable national laws in the United Kingdom, France and Switzerland, transnational law such as museum codes, and decision-making in extra-legal procedures. In the process, the book reveals the limits of the law in dealing with the growing imperative of human rights in the field, and concludes with three basic insights that are of key relevance for improving the law and decision-making with regard to indigenous peoples’ cultural property.​

Final Environmental Impact Statement
  • Language: en
  • Pages: 396

Final Environmental Impact Statement

  • Type: Book
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  • Published: 1990
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  • Publisher: Unknown

None

The Human Face of the European Union
  • Language: en
  • Pages: 447

The Human Face of the European Union

  • Categories: Law

This title assesses EU law and policy using a novel and alternative framework based on the notion of humaneness.

Indigenous Peoples' Status in the International Legal System
  • Language: en
  • Pages: 289

Indigenous Peoples' Status in the International Legal System

  • Categories: Law

While many have explored the law surrounding the rights of indigenous peoples through an examination of all relevant instruments and institutions, this book is based on the premise that one can obtain an in depth knowledge of the indigenous rights regime by simply knowing the answer to two questions: What is meant by 'peoples' and 'equality' under international law? From Terra Nullius to International Legal Subjects and Possessors of Land - Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume articulates that the understanding of 'peoples' is paramount to the question of whether indigeno...

Cultural Human Rights
  • Language: en
  • Pages: 381

Cultural Human Rights

  • Type: Book
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  • Published: 2008
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  • Publisher: BRILL

What is the relationship between culture and human rights? Can the idea of cultural rights, which are predicated on the distinctiveness and exclusivity of a communitya (TM)s beliefs and traditions, be compatible with the concept of human rights, which are universal and a ~inherenta (TM) to all human beings? If we accept such compatibility, what is the actual content of cultural rights? Who are their beneficiaries: individuals, or peoples or groups as collective entities? And what precise obligations do cultural rights pose upon states or other actors in international law, or for the international community as a whole? International instruments on the protection of human rights do not provide self-evident answers to these questions. This book seeks to analyse these dilemmas and to assess the impact that they are having on international law and the development of a coherent category of cultural human rights.

The Challenge of Human Rights
  • Language: en
  • Pages: 353

The Challenge of Human Rights

'This volume represents a genuine attempt to think beyond the realms of what exists, to reflect on ideas postulated in the past that could be of great salience in the future. It presents the reader with a key question; to what extent are the contemporary concepts of human rights and the systems that support them equipped to address the challenges of a changed world? By thinking through some of the ideas of the past, with a set of promising young scholars alongside more established names, readers will gain a sense of how human rights politics have shaped the current regime while also becoming attuned to the extent to which new directions and mechanisms can be forged in the future. Many of the...

Democratic Despotism
  • Language: en
  • Pages: 185

Democratic Despotism

This book explores the history of forced land acquisition and transformation of power in the Fifth Schedule areas in India. It examines the contradictory imperatives of extractive capitalism and primitive accumulation, on the one hand, and autonomy and devolution of power to local communities, on the other. The book traces the long history of conflict, displacement, and violence in these areas in central India which are home to the Adivasis or indigenous people and are rich in natural resources. Drawing from an analysis of public policy debates, land acquisition acts, and political and developmental interventions, the book critically looks at the relationship between capitalism, dispossessio...

Legal Honors Intern Program, 1998-1999
  • Language: en
  • Pages: 22

Legal Honors Intern Program, 1998-1999

  • Type: Book
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  • Published: 1998
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  • Publisher: Unknown

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Proceedings ...
  • Language: en
  • Pages: 718

Proceedings ...

  • Type: Book
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  • Published: 1877
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  • Publisher: Unknown

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