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Book Cover
E-book
Author Enyew, Endalew Lijalem

Title Indigenous Peoples, Marine Space and Resources, and International Law The Interaction Between International Human Rights Law and the Law of the Sea
Published Milton : Taylor & Francis Group, 2024

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Description 1 online resource (374 p.)
Series Indigenous Peoples and the Law Series
Indigenous Peoples and the Law Series
Contents Cover -- Half Title -- Series -- Title -- Copyright -- Contents -- Preface -- Part I Setting the stage: introduction and historical overview -- 1 Setting the stage -- 1. Introduction -- 2. Indigenous peoples, marine space, and marine resources: relations and significance -- 2.1 Marine living resources as a means of subsistence -- 2.2 Food for the soul: cultural and spiritual significance of marine space and resources -- 3. Contemporary challenges to coastal indigenous peoples -- 4. The rights of indigenous peoples to marine space and marine resources: a blind spot in international law?
5. Aim of the book -- 6. Situating the book: theoretical and methodological approaches -- 6.1 TWAIL: a critical theoretical lens on international law -- 6.1.1 The dual aims of TWAIL -- 6.2 A human rights-based approach to natural resources -- 6.3 TWAIL-driven methodological approaches -- 7. Structure of the book -- 2 The evolution of international law in relation to the rights of indigenous peoples to lands, marine space, and natural resources: a historical sketch -- 1. Introduction
2. Indigenous peoples in pre-classical international law: acquisition of indigenous lands and territories through conquest and 'just war' -- 3. Indigenous peoples in the period of classical international law -- 3.1 Emergence of 'the law of nations', and indigenous exclusion -- 3.2 Decoupling natural law from the law of nations: further exclusion of indigenous peoples -- 3.3 Classical international law doctrines related to the dispossession of the lands, marine spaces, and natural resources of indigenous peoples -- 3.3.1 The doctrines of terra nullius and effective occupation
3.3.2 The doctrine of freedom of the sea: mare nullius -- 3.4 Intermediate conclusion -- 4. Indigenous peoples in the UN era -- 4.1 The UN and its decolonization process -- 4.1.1 ILO Convention 107: integration as its basic policy -- 4.1.2 Rejection of the doctrine of terra nullius: Western Sahara Case as a pioneer -- 4.1.3 Old wine in new bottles: continued application of terra nullius and mare nullius by other means -- 4.2 Development of international human rights law -- 4.2.1 Adoption of general global and regional human rights instruments
4.2.2 Evolution of indigenous-specific human rights instruments -- 5. Conclusion -- Part II International human rights law and the rights of indigenous peoples to lands, marine space, and natural resources -- 3 International human rights law and indigenous peoples: norms relevant to the rights to lands and natural resources -- 1. Introduction -- 2. The right to self-determination: an evolving grand human right norm -- 2.1 Indigenous peoples as holders of the right to self-determination
Notes Description based upon print version of record
2.1.1 Practices of treaty monitoring and regional human rights bodies with respect to the rights of indigenous peoples to economic self-determination
Form Electronic book
ISBN 9781003859963
1003859968