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The Foundations of Modern International Law on Indigenous and Tribal Peoples

The Preparatory Documents of the Indigenous and Tribal Peoples Convention, and Its Development through Supervision. Volume 2: Human Rights and the Technical Articles

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Lee Swepston

Also available as a print set of two, see isbn 9789004373754
The International Labour Organization is responsible for the only two international Conventions for the protection of the rights and cultures of indigenous and tribal peoples - the Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced it, and Convention No. 169 is the only one that can now be ratified. This volume, together with its companion published in 2015, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted. The author of this unique study was responsible for many years for the supervision of both Conventions by the ILO, and was intimately involved in the adoption of the 1989 instrument, as well as in international discussions on the subject. In writing this two-volume study, he foregoes a strict “travaux” approach, and discusses the organizational precedents and the subsequent practice under these instruments. The supervision of the application of these Conventions is very largely unknown in the wider human rights community, and even in the more specialized “indigenous community” that forms a special subset of human rights activists. This guide may be of some help in redressing that situation.

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Edited by European Centre for Minority Issues, The European Academy Bozen/Bolzano, Abo Akademi University, Babes-Blolyai University, Hungarian Academy of Science and University of Glasgow

The European Yearbook of Minority Issues provides a critical and timely review of contemporary developments in minority-majority relations in Europe. It combines analysis, commentary and documentation in relation to conflict management, international legal developments and domestic legislation affecting minorities in Europe.
Part I contains scholarly articles and, in the 2016 volume, this section addresses two topical issues: the impact of counter-terrorism legislation on minority protection and the intersectionality of gender and minority activism in light of the impact of EU institutions on Romani women activism.
Part II contains reports on national and international developments.

Apart from providing a unique annual overview of minority issues for both scholars and practitioners in this field, the Yearbook is an indispensable reference tool for libraries, research institutes as well as governments and international organisations.

The European Yearbook of Minority Issues is also available online.

Cultural Rights in International Law and Discourse

Contemporary Challenges and Interdisciplinary Perspectives

Stephenson Chow

Challenging questions arise in the effort to adequately protect the cultural rights of individuals and communities worldwide, not the least of which are questions concerning the very understanding of ‘culture’. In Cultural Rights in International Law and Discourse: Contemporary Challenges and Interdisciplinary Perspectives, Pok Yin S. Chow offers an account of the present-day challenges to the articulation and implementation of cultural rights in international law. Through examining how ‘culture’ is conceptualised in different stages of contemporary anthropology, the book explores how these understandings of ‘culture’ enable us to more accurately put issues of cultural rights into perspective. The book attempts to provide analytical exits to existing conundrums and dilemmas concerning the protections of culture, cultural heritage and cultural identity.

The Requirement of Consultation with Indigenous Peoples in the ILO

Between Normative Flexibility and Institutional Rigidity

Maria Victoria Cabrera Ormaza

In The Requirement of Consultation with Indigenous Peoples in the ILO, María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach. Through a comprehensive analysis of state practice and human rights jurisprudence concerning indigenous peoples, the author explores the normative impact of ILO Convention No. 169, while revisiting the ILO’s potential to help harmonize different interpretations of the consultation requirement.

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Edited by European Centre for Minority Issues, The European Academy Bozen/Bolzano, Abo Akademi University, Babes-Blolyai University, Hungarian Academy of Science and University of Glasgow

The European Yearbook of Minority Issues provides a critical and timely review of contemporary developments in minority-majority relations in Europe. It combines analysis, commentary and documentation in relation to conflict management, international legal developments and domestic legislation affecting minorities in Europe.
In this volume, the Thematic Articles section addresses such topical and controversial issues as indigenous peoples in the context of climate change and perspectives for the integration of ‘old’ and ‘new’ minorities. The International Developments section offers a deeper understanding of the international organizations’ approach to such pan-European challenges and developments as minority issues in the criminal justice system; cultural activities and facilities, including the media; participation, citizenship and trans frontier exchanges. The section on National Developments presents case studies that cover some noteworthy developments, such as kin-state policies of Serbia, Romania, Hungary and Russia; referenda in Catalonia and Scotland; and major events in Romania, Russia, Macedonia, and Georgia.

The European Yearbook of Minority Issues is also available online.

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Edited by European Centre for Minority Issues and The European Academy Bozen/Bolzano

The European Yearbook of Minority Issues provides a critical and timely review of contemporary developments in minority-majority relations in Europe. It combines analysis, commentary and documentation in relation to conflict management, international legal developments and domestic legislation affecting minorities in Europe.
Part I contains scholarly articles and, in the 2014 volume, features a special focus section on citizenship regimes and policies of immigrants’ inclusion in sub-national territorial entities, such as Italian and Spanish regions, Scotland, the Åland Islands and Quebec.
Part II contains reports on national and international developments.

Apart from providing a unique annual overview of minority issues for both scholars and practitioners in this field, the Yearbook is an indispensable reference tool for libraries, research institutes as well as governments and international organisations.

The European Yearbook of Minority Issues is also available online.

Understanding the Many Faces of Human Security

Perspectives of Northern Indigenous Peoples

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Edited by Kamrul Hossain and Anna Petrétei

Understanding the Many Faces of Human Security: Perspectives of Northern Indigenous Peoples addresses the different aspects of the human security challenges threatening Northern indigenous peoples. These peoples, whose unique, nature-based livelihoods maintain their identity, face difficulties linked to a changing natural and social environment. Their traditional worldviews are challenged as the world they have known for generations is literally melting away. The North experiences numerous pressures linked to rapid modernization, industrialization, demographic pressure and cultural changes. These threats are presented from various angles, such as indigenous understanding of security, governance, sustainability, livelihood practices, mining, nature-based resources and land use management, gender and the elderly. The focus groups of the book are the Ainu, Inuit, Nenets, Sámi and the Mongolian indigenous herders.

Cultural Rights as Collective Rights

An International Law Perspective

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Edited by Andrzej Jakubowski

Collective cultural rights are commonly perceived as the most neglected or least developed category of human rights. Cultural Rights as Collective Rights – An International Law Perspective endeavours to challenge this view and offers a comprehensive, critical analysis of recent developments in distinct areas of international law and jurisprudence, from every region of the world, in relation to the scope, legal content, and enforceability of such rights.

Leading international scholars explore the conceptualisation and operationalisation of collective cultural rights as human rights, encompassing community rights, and discuss the ways in which such rights may collide with other, mostly individual, human rights. As such, Cultural Rights as Collective Rights – An International Law Perspective offers a cross-cutting and original overview on how the protection, recognition and enforcement of collective cultural rights affect the development, changes and formation of general international law norms.

National Identities and the Right to Self-Determination of Peoples

"Civic -Nationalism -Plus" in Israel and Other Multinational States

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Hilly Moodrick-Even Khen

In National Identities and the Right to Self-Determination of Peoples, Hilly Moodrick-Even Khen revisits the legal right to self-determination of peoples and suggests an integrative model for securing the cohesion of the various nationalities within multinational states. The model, set on both legal and political science theories, departs from civic nationalism but calls to strengthen it with more immediate and emotional means, such as shared national symbols and multicultural education. Moodrick-Even Khen explores the political history of Canada, Belgium, and Spain and touches upon other divided societies such as South Africa, Northern Ireland and Cyprus. Drawing upon these cases, she suggests a future model for a cohesive society in Israel, which is currently nationally divided between Arabs and Jews.

Series:

Edited by European Centre for Minority Issues and The European Academy Bozen/Bolzano

The European Yearbook of Minority Issues provides a critical and timely review of contemporary developments in minority-majority relations in Europe. It combines analysis, commentary and documentation in relation to conflict management, international legal developments and domestic legislation affecting minorities in Europe.
Part I contains scholarly articles and, in the 2013 volume, features a special focus section on Bilateral Treaties - Bilateralization.
Part II contains reports on national and international developments.

Apart from providing a unique annual overview of minority issues for both scholars and practitioners in this field, the Yearbook is an indispensable reference tool for libraries, research institutes as well as governments and international organisations.

The European Yearbook of Minority Issues is also available online.