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Parution : 02/2020
Editeur : Roma TrE-Press
ISBN : 978-8-8321-3692-0
Site de l'éditeur

The Inherent Rights of Indigenous Peoples in International Law

Sous la direction de Antonietta Di Blase, Valentina Vadi

Présentation de l'éditeur

This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations.

 

Sommaire

Introduction

Antonietta Di Blase Valentina Vadi

The Self-Determination of Indigenous Peoples

Antonietta Di Blase

Spatio-Temporal Dimensions of Indigenous Sovereignty in International Law

Valentina Vadi

The Indigenous Peoples’ Right to Lands and Natural Resources in the Inter-American Human Rights System: Preserving Cultural Identity while Ensuring Development

Gabriella Citroni 

Indigenous Peoples’ Rights in International Law: The Ogiek Decision by the African Court of Human and Peoples’ Rights

Carlo Focarelli

The Protection of Indigenous Cultural Heritage in International Investment Law and Arbitration

Valentina Vadi

The Safeguard of Indigenous Peoples within International and EU Law on Investment. An overview

Pia Acconci

Protection of Traditional Knowledge of Agricultural Interest in International Law

Simone Vezzani

Diritto Internazionale, Diritto Internazionale privato e dell'UE , Vol. 3 , 327 pages.

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