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Indigenous Parliamentary Representation
Consociational theoryRightstheory requires that distinct minorities should be granted proportional representation in the organs of government. While... -
Indigenous legal expertise, sacred rivers, and hydropower development projects in Third Pole country Nepal
While Indigenous expertise, values and knowledge systems have become a buzzword in academic and policy debates about climate change, sustainable...
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Self-determination and an Indigenous State
Self-determinationRightsSelf-determination, to is of central importance to the vindicationSelf-determinationindigenous state of the Rights of... -
Indigenous Peoples and Constitutional Reform in Australia Beyond Mere Recognition
This book examines whether Australia’s constitution should be reformed so as to enable the country to fulfil its obligations under the United... -
Declaration of Peace for Indigenous Australians and Nature A Legal Pluralist Approach to First Laws and Earth Laws
This groundbreaking book delves into the lived experiences and collective wisdom of Indigenous communities impacted by colonialism. Through...
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On Due Diligence and the Rights of Indigenous Peoples in International Law: What a Māori World View Can Offer
Due diligence is on the rise in international law. However, its roots and historic narrative remain heavily Eurocentric in nature. This becomes...
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Assessing the Application of Consultation and Indigenous Peoples’ Protocols
The number of legal claims and legislation undertaken without due consultation reveals the lack of efficacy of the requirement in the Brazilian... -
The Legal Framework of Consultation with Indigenous Peoples
As one result of contemporary globalization, disputes over indigenous peoples’ territory against the background of the exploitation of natural... -
Assessing Consultation with Indigenous Peoples in the Inter-American System of Human Rights
The IAHRS features specific legal provisions for the protection of the rights of indigenous peoples, following decade-long discussions towards the... -
Africa: Home of Space Art and Indigenous Astronomy
Africa: Home of Space Art and Indigenous Astronomy examines the symbiotic relationship between art and science, referencing Africa’s legacy as the... -
Sergio Puig, At the Margins of Globalization: Indigenous Peoples and International Economic Law
International economic law and indigenous rights seem two separate areas of law that develop along parallel tracks. This is not true. In the era of... -
The Role of Human Rights Law for the Political Participation of Indigenous Women
On 25 July 2022, Droupadi Murmu (Santhal) was sworn as India’s second woman president, but the first of Indigenous origins. Women’s political... -
Assessing Consultation with Indigenous Peoples in Brazil
Societal relations in the countries of the Americas have been historically characterized by unequal systems skewed in favour of elites and their... -
Repatriation of Sacred Indigenous Heritage in U.S. Law
NAGPRA, the Native American Graves Protection and Repatriation Act, is one most well-known examples of repatriation legislation. This chapter... -
Mainstreaming Indigenous Peoples’ Human Rights in the Protection of Cultural and Natural Heritage: The Role and Issues Surrounding Relevant Global Governance Actors
The aim of this chapter is to demonstrate that a new inclusive strategy is needed to guarantee that the human rights of indigenous peoples are... -
Caught Between Post- and Neo-Colonialism: IP for Traditional Knowledge, Traditional Cultural Expressions and Indigenous Resources
Legal protection for traditional knowledge (TK), traditional cultural expressions (TCEs) and genetic resources (GRs) cannot be disregarded in view of... -
A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples The Case of Brazil
This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current...
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Repatriation of Sacred Indigenous Cultural Heritage Under International Human Rights Law
This chapter explores the plethora of human rights treaty provisions, soft law instruments, treaty body documents, expert opinions and other... -
Repatriation of Sacred Indigenous Heritage Under International Cultural Heritage Law
This chapter analyses the position of indigenous peoples and the rights they hold to their cultural heritage within existing instruments of... -
Indigenous Communities and Adoption
The following working definitionIndigenous People of Australiadefinition of of “indigenous communities, peoples and nations” has been suggested by...