Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters

Nonfiction, Reference & Language, Law
Cover of the book Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters by Brendan Tobin, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Brendan Tobin ISBN: 9781317697534
Publisher: Taylor and Francis Publication: August 27, 2014
Imprint: Routledge Language: English
Author: Brendan Tobin
ISBN: 9781317697534
Publisher: Taylor and Francis
Publication: August 27, 2014
Imprint: Routledge
Language: English

This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law.

The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states.

At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law.

The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states.

At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

More books from Taylor and Francis

Cover of the book Thorstein Veblen by Brendan Tobin
Cover of the book Our North America by Brendan Tobin
Cover of the book Painter X Creativity by Brendan Tobin
Cover of the book Science, Systems and Psychoanalysis by Brendan Tobin
Cover of the book The Sayings of Shigeo Shingo by Brendan Tobin
Cover of the book Sweeney Todd by Brendan Tobin
Cover of the book Dramatic Dialogue by Brendan Tobin
Cover of the book Textual Practice by Brendan Tobin
Cover of the book Construction Law by Brendan Tobin
Cover of the book ADORNO by Brendan Tobin
Cover of the book The Socio-economics of Conversion from War to Peace by Brendan Tobin
Cover of the book Peace Education in a Postmodern World by Brendan Tobin
Cover of the book Product Stewardship in Action by Brendan Tobin
Cover of the book Refashioning Secularisms in France and Turkey by Brendan Tobin
Cover of the book French Politics by Brendan Tobin
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy