The Rights Of Indigenous Peoples In Marine Areas

Author : Stephen Allen
Publisher : Bloomsbury Publishing
ISBN 13 : 1509928650
Total Pages : 565 pages
Book Rating : 4.51/5 ( download)

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Download or read book The Rights of Indigenous Peoples in Marine Areas written by Stephen Allen and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.

Author : Stephen Allen
Publisher : Bloomsbury Publishing
ISBN 13 : 1509928669
Total Pages : 432 pages
Book Rating : 4.68/5 ( download)

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Download or read book The Rights of Indigenous Peoples in Marine Areas written by Stephen Allen and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.

Author : Endalew Lijalem Enyew
Publisher : Taylor & Francis
ISBN 13 : 1003860036
Total Pages : 343 pages
Book Rating : 4.37/5 ( download)

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Download or read book Indigenous Peoples, Marine Space and Resources, and International Law written by Endalew Lijalem Enyew and published by Taylor & Francis. This book was released on 2024-02-26 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the rights of indigenous peoples to marine space and associated marine resources under international law. Examining the rights of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. The book addresses three main issues: 1) the extent to which international law recognizes and protects the rights of indigenous peoples in relation to marine space and marine resources; 2) if and how the law of the sea and international human rights law pertaining to the rights of indigenous peoples to marine space and marine resources interact; 3) whether and to what extent the law of the sea regime limits the capacity of coastal States to recognize and implement the rights of indigenous peoples relating to marine space and resources. In response, and in a context where indigenous marine rights are under increasing threat, the book develops an important critical theoretical and methodological approach which moves beyond the current doctrinal focus of much existing work in this area. The book will appeal to academics, researchers, and practitioners in the areas of indigenous peoples and the law, international law, the law of the sea, and human rights.

Author : Federica Cittadino
Publisher : BRILL
ISBN 13 : 9004364404
Total Pages : 401 pages
Book Rating : 4.00/5 ( download)

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Download or read book Incorporating Indigenous Rights in the International Regime on Biodiversity Protection written by Federica Cittadino and published by BRILL. This book was released on 2019-08-12 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination.

Author : Nikolas Sellheim
Publisher : Taylor & Francis
ISBN 13 : 1003827314
Total Pages : 195 pages
Book Rating : 4.13/5 ( download)

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Download or read book Japan's Withdrawal from International Whaling Regulation written by Nikolas Sellheim and published by Taylor & Francis. This book was released on 2023-12-11 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the impact and implications of Japan’s withdrawal from the International Convention for the Regulation of Whaling (ICRW), which came into effect in July 2019. In 1982 the International Whaling Commission (IWC) adopted a moratorium on commercial whaling which has been in effect ever since, despite the resistance of some countries, first and foremost Japan, Norway and Iceland, that engage in commercial whaling. As one of the key contributors to scientific research and funding, Japan’s withdrawal has the potential to have wide-ranging implications and this volume examines the impact of Japan’s withdrawal on the IWC itself, on the governance of whaling, and on indigenous and coastal whaling. It provides backgrounds and commentaries on this decision as well as normative and legal discussions on matters relating to sustainable use of resources, and philosophies surrounding whaling in different IWC countries. The consideration of other international environmental regimes, such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), is also examined in order to determine the international ripple effect of Japan’s decision. The book reveals that this is not just a matter of whaling but one which has significant legal, managerial and cultural implications. Drawing on deep analyses of IWC structures, the book addresses core philosophies underlying the whaling debate and in how far these may influence environmental governance in the future. This book will be of great interest to students and scholars of environmental law and governance, biodiversity conservation and sustainable development, as well as policymakers involved in international environmental and conservation agreements.

Author : Nele Matz-Lück
Publisher : Taylor & Francis
ISBN 13 : 1000649229
Total Pages : 317 pages
Book Rating : 4.22/5 ( download)

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Download or read book The Law of the Sea written by Nele Matz-Lück and published by Taylor & Francis. This book was released on 2022-09-19 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on the Law of the Sea follows a comprehensive approach and can be interpreted dynamically to include the regulation of all potential human uses of the ocean, but the law of the sea cannot be viewed in isolation from other fields of international law. International law does not resemble a hierarchically structured legal system; its different parts interact when different rules address the same activity or situation. The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of international law. The intensified use of the oceans for different purposes and the ongoing proliferation of international rules addressing different activities from different perspectives and with distinct foci require a more thorough evaluation of how the law of the sea relates to other fields of international law, how the normative context can be approached theoretically and if interdisciplinary interfaces can be adequately addressed. This book discusses the normative context of the law of the sea and the interactions of the law of the sea with other legal regimes. By connecting high-quality research with new ideas and perspectives, this book offers expertise from different fields and perspectives in which the interaction between the law of the sea and other fields of international law becomes particularly relevant.

Author : JoAnna Poblete
Publisher : University of Hawaii Press
ISBN 13 : 0824883519
Total Pages : 205 pages
Book Rating : 4.15/5 ( download)

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Download or read book Balancing the Tides written by JoAnna Poblete and published by University of Hawaii Press. This book was released on 2020-03-31 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Balancing the Tides highlights the influence of marine practices and policies in the unincorporated territory of American Sāmoa on the local indigenous group, the American fishing industry, international seafood consumption, U.S. environmental programs, as well as global ecological and native concerns. Poblete explains how U.S. federal fishing programs in the post–World War II period encouraged labor based out of American Sāmoa to catch and can one-third of all tuna for United States consumption until 2009. Labeled "Made in the USA," this commodity was sometimes caught by non-U.S. regulated ships, produced under labor standards far below continental U.S. minimum wage and maximum work hours, and entered U.S. jurisdiction tax free. The second half of the book explores the tensions between indigenous and U.S. federal government environmental goals and ecology programs. Whether creating the largest National Marine Sanctuary under U.S. jurisdiction or collecting basic data on local fishing, initiatives that balanced western-based and native expectations for respectful community relationships and appropriate government programs fared better than those that did not acknowledge the positionality of all groups involved. Despite being under the direct authority of the United States, American Sāmoans have maintained a degree of local autonomy due to the Deeds of Cession signed with the U.S. Navy at the turn of the twentieth century that created shared indigenous and federal governance in the region. Balancing the Tides demonstrates how western-style economics, policy-making, and knowledge building imposed by the U.S. federal government have been infused into the daily lives of American Sāmoans. American colonial efforts to protect natural resources based on western approaches intersect with indigenous insistence on adhering to customary principles of respect, reciprocity, and native rights in complicated ways. Experiences and lessons learned from these case studies provide insight into other tensions between colonial governments and indigenous peoples engaging in environmental and marine-based policy-making across the Pacific and the globe. This study connects the U.S.-American Sāmoa colonial relationship to global overfishing, world consumption patterns, the for-profit fishing industry, international environmental movements and studies, as well as native experiences and indigenous rights. Open Access publication of this book was made possible by the Sustainable History Monograph Pilot, an initiative sponsored by the Andrew W. Mellon Foundation.

Author : Janice Gray
Publisher : Routledge
ISBN 13 : 131740114X
Total Pages : 324 pages
Book Rating : 4.48/5 ( download)

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Download or read book Trans-jurisdictional Water Law and Governance written by Janice Gray and published by Routledge. This book was released on 2016-06-23 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governance of global water resources presents one of the most confounding challenges in contemporary natural resource governance. With considerable government, citizen and financial donor attention devoted to a range of international, transnational and domestic laws and policies aimed at protecting, managing and sustainably using fresh and coastal marine water resources, this book proposes that sustainable water outcomes require a ‘trans-jurisdictional’ approach to water governance. Focusing on the concept of trans-jurisdictional water governance the book diagnoses barriers and identifies pathways to coherent and coordinated institutional arrangements between and across different bodies of laws at local, national, regional and international levels. It includes case studies from the European Union, Australia, New Zealand, South Africa, the United States and Southeast Asia. Leading specialists offer insights into the pretence and the promise of trans-jurisdictional water governance and provide readers, including students, practitioners, policy-makers and academics, with a basis for better analysing, articulating and synthesising standards of good trans-jurisdictional water governance both in theory and in practice.

Author : Vito De Lucia
Publisher : BRILL
ISBN 13 : 9004506365
Total Pages : 469 pages
Book Rating : 4.67/5 ( download)

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Download or read book International Law and Marine Areas beyond National Jurisdiction written by Vito De Lucia and published by BRILL. This book was released on 2022-01-31 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.

Author : S. Gubbay
Publisher : Springer Science & Business Media
ISBN 13 : 9401105278
Total Pages : 250 pages
Book Rating : 4.79/5 ( download)

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Download or read book Marine Protected Areas written by S. Gubbay and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marine protected areas (MPAs) have an important role in marine conserva tion programmes around the world. Although most have been established relatively recently when compared with protected areas on land, there is considerable expertise on their identification, setting up and management. Some techniques have been adapted from those used on land. Others are novel, and unique to marine conservation. The chapters in this book give an insight into this fast developing field where experiment and innovation work alongside techniques which have been tried and tested. The guiding princi ples behind key stages in the setting up and management of MP As are described, and case studies illustrate how they have worked. While it is most encouraging to read about the successes, the case studies also point to difficulties which have been encountered. Not all of the examples are new or recent but, together, they illustrate what is happening in this field.