臺灣原住民族圖書資訊中心館藏介紹

臺灣原住民族圖書資訊中心館藏介紹

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Indigenous peoples, title to territory, rights and resources

發表於:西文圖書 | by ann facebook twitter plurk
十一月 27 2018
書名:Indigenous peoples, title to territory, rights and resources : the transformative role of free prior and informed consent
作者:Doyle, Cathal, author.
出版項:Milton Park, Abingdon, Oxon ; New York. NY : Routledge, Taylor & Francis Group,2015
ISBN:9781138280465
索書號:K738 D69 2015
館藏連結
內容簡介
"The right of indigenous peoples to Free Prior and Informed Consent (FPIC) in relation to natural resource extraction in their territories is a principle that is increasingly recognised by intergovernmental organizations, international bodies, conventions and international human rights law as well as in the domestic law of some States. This book offers a comprehensive overview of the status of Free Prior and Informed Consent under international human rights law, considering the main controversies, obstacles and challenges associated with its recognition and implementation. The book examines the relationship between Free Prior and Informed Consent and territorial, resource and governance rights. The historical basis for FPIC is considered as well as the legitimacy of the dominant doctrines of exclusive State ownership of subsoil resources. The book argues that FPIC constitutes an emerging norm of international law with a tipping point having been reached in terms of the requirements recognition, both within and beyond the human rights regime. It draws on emerging jurisprudence from around the world, as well as evolving industry standards and policies, to illustrate the growing recognition of the fact that respect for the consent requirement is fundamental to securing indigenous peoples self-governance and territorial rights"– Provided by publisher.
"The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era"– Provided by publisher.
(簡介來源:臺灣大學圖書館)
文章標籤:Consent (Law), etc, Indigenous peoples -- Civil rights, Indigenous peoples -- Land tenure, Indigenous peoples -- Legal status, laws
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Colonial lives of property

發表於:西文圖書 | by ann facebook twitter plurk
十一月 27 2018
書名:Colonial lives of property : law, land, and racial regimes of ownership
作者:Bhandar, Brenna, 1973- author.
出版項:Durham ; London : Duke University Press,2018
ISBN:9780822371397
索書號:JV305 B43 2018
館藏連結
內容簡介
"[This book] examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, [The author] shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, [the author] demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession."– Back cover.
(簡介來源:臺灣大學圖書館)
文章標籤:Colonization, etc, Indigenous peoples -- Legal status, Land tenure -- Law and legislation, laws, Race discrimination -- Law and legislation, Right of property
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The UN Declaration on the Rights of Indigenous Peoples

發表於:西文圖書 | by ann facebook twitter plurk
十一月 27 2018
書名:The UN Declaration on the Rights of Indigenous Peoples : a commentary
作者:Hohmann, Jessie, editor.,Weller, M. (Marc), editor.
出版項:Oxford, United Kingdom : Oxford University Press,2018
ISBN:9780199673223
索書號:KI30 2007 U5 2018
館藏連結
內容簡介
"The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision’s content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration’s principles"– Publisher’s website.
(簡介來源:臺灣大學圖書館)
文章標籤:Declaration on the Rights of Indigenous Peoples (United Nations. General Assembly), etc, Indigenous peoples (International law), Indigenous peoples -- Legal status, Law commentaries, laws, United Nations. General Assembly. Declaration on the Rights of Indigenous Peoples
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Freedom and indigenous constitutionalism

發表於:西文圖書 | by ann facebook twitter plurk
八月 31 2018
書名:Freedom and indigenous constitutionalism
作者:John Borrows
出版項:Toronto ; Buffalo ; London : University of Toronto Press, [2016]
ISBN:9781442629233
索書號:KE7709 B677 2016
館藏連結
內容簡介
"Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance."– Provided by publisher
"Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women."– Provided by publisher
(簡介來源:臺灣大學圖書館)
文章標籤:etc. -- Canada, Indians of North America -- Legal status, Indigenous peoples -- Legal status, laws, Ojibwa law
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Indigenous peoples, customary law and human rights

發表於:西文圖書 | by ann facebook twitter plurk
十二月 14 2017
書名: Indigenous peoples, customary law and human rights : why living law matters
作者 :Brendan Tobin
出版項: London ; New York : Routledge, Taylor & Francis Group, 2014
ISBN:9781138019683
索書號:K3247 T63 2014
館藏連結
內容簡介
"This highly original work demonstrates the role and importance of customary law as the primary source of law for indigenous peoples all over the world. The book reviews the relationship between customary, positive and natural law from the time of Plato up to the present day. It examines its recognition in constitutional law and in international human rights and environmental instruments. The author analyses 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. It concludes that indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognise 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 land and resources of indigenous peoples are increasingly under threat, the book provides an accessible overview of the key issues for both legal and non-legal scholars, students of human rights and environmental justice, and indigenous peoples themselves"– Provided by publisher
(簡介來源:臺灣大學圖書館)
文章標籤:Customary law, etc, Indigenous peoples -- Legal status, laws
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The challenge of legal pluralism

發表於:西文圖書 | by ann facebook twitter plurk
十二月 14 2017
書名: The challenge of legal pluralism : local dispute settlement and the Indian-state relationship in Ecuador
作者 :Marc Simon Thomas
出版項: Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2017
ISBN:9781472480576
索書號:KHK315 T478 2017
館藏連結
內容簡介
"Within the Latin American context, legal pluralism is often depicted as a dichotomy between customary law and national law. In addition, the use of customary law alongside national law is frequently portrayed as a vehicle of resistance. This book argues that, because ordinary Indians are not positively biased in favor of customary law per se, a heterogeneity of legal practices can be observed on a daily basis, which consequently undermines the commonly held view of customary law as a ‘counter-hegemonic strategy’, even if, on other socio-geographical levels, this thinking in terms of resistance holds true. Based on qualitative research, the work analyzes how internal conflicts among indigenous inhabitants of the Ecuadorian highlands are being settled in a situation of formal legal pluralism, and what can be learned from this in terms of Indian-state relationships. It is shown that, on a local level, the phenomenological dimension of legal pluralism can be termed ‘interlegality.’ On a macro level, ontological assumptions underscore that legal pluralism is still seen as a dichotomy between customary and national law."– Back cover
(簡介來源:臺灣大學圖書館)
文章標籤:Customary law -- Ecuador, Dispute resolution (Law) -- Ecuador, etc. -- Ecuador, Indigenous peoples -- Legal status, laws, Legal polycentricity -- Ecuador
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Realizing the UN Declaration on the Rights of Indigenous Peoples

發表於:西文圖書 | by ann facebook twitter plurk
十二月 14 2017
書名:Realizing the UN Declaration on the Rights of Indigenous Peoples : triumph, hope, and action
作者 :Jackie Hartley, Paul Joffe, and Jennifer Preston
出版項: Saskatoon : Purich Pub., ©2010
ISBN:9781895830385
索書號: K3247 R43 2010
館藏連結
內容簡介
The contributors to this collection analyze the development of the Declaration, recall the triumph of its adoption, and illustrate the hopes and actions for its implementation. The discussion moves beyond Canadian borders to the international stage, providing accessible information and guidance on the Declaration and how it can be used to advance human rights. Policy makers, Indigenous communities, politicians, academics, lawyers, human rights advocates, NGOs, and anyone interested in the significance of the Declaration will find this to be a valuable resource. Contributors include Indigenous leaders, legal scholars and practitioners, state representatives, and representatives from NGOs, with extensive knowledge of and experience in Indigenous peoples’ human rights law, policy, and practice."–Pub. desc
(簡介來源:臺灣大學圖書館)
文章標籤:etc, Indigenous peoples (International law), Indigenous peoples -- Civil rights, Indigenous peoples -- Legal status, laws, United Nations. General Assembly. Declaration on the Rights of Indigenous Peoples
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Moving Aboriginal health forward

發表於:西文圖書 | by ann facebook twitter plurk
十二月 14 2017
書名: Moving Aboriginal health forward : discarding Canada’s legal barriers
作者 : Yvonne Boyer
出版項:Saskatoon, SK., Canada : Purich Publishing Limited, [2014]
ISBN:9781895830798
索書號:RA450.4.I53 B69 2014
館藏連結
內容簡介
"Continuing the theme of social determinants of health, this book is an historical examination of Canadian legal regimes and the negative impact they have had on the health of Aboriginal peoples. Everything from the early ban on traditional practices to the constitutional division of powers is examined (including who is responsible for off-reserve Indians under the Constitution). The author argues there is a clear connection between the health of individuals and the legal regime under which they live, and that our legal regime is one of the determinants of health. She contrasts the state of Aboriginal health in pre-contact days with their health today. The book provides comprehensive reviews of both health statistical data, historical practices aimed at Aboriginal peoples, and an analysis of legal principles that have developed in Canadian law as it applies to Aboriginal peoples. It outlines how commitments made by treaty and Supreme Court of Canada rulings on Aboriginal rights, the duty to consult, and the special constitutional status of Aboriginal peoples can be used to advance the health of Aboriginal peoples. The book concludes with a practical framework for the reconciliation of Aboriginal health and healing practices within Canadian society."–Pub. desc
(簡介來源:臺灣大學圖書館)
文章標籤:etc. -- Canada, Health Services, Indigenous -- legislation & jurisprudence, Indigenous peoples -- Health and hygiene -- Law and legislation -- Canada, Indigenous peoples -- Legal status, Indigenous peoples -- Medical care -- Canada -- Law and legislation, laws, Population Groups -- legislation & jurisprudence, Social Determinants of Health -- legislation & jurisprudence
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Guidelines on indigenous peoples’ issues

發表於:西文圖書 | by ann facebook twitter plurk
十二月 14 2017
書名:Guidelines on indigenous peoples’ issues
作者 :United Nations Development Group
出版項: New York : United Nations, 2009
ISBN:9789211542110
索書號:K3247 U55 2009
館藏連結
內容簡介
"This publication aims to assist the United Nations system to mainstream and integrate indigenous peoples issues in processes for operational activities and programmes at the country level. It sets out the broad normative, policy and operational framework for implementing a human rights-based and culturally sensitive approach to development for and with indigenous peoples, provide lines of action for planning, implementation and evaluation of programmes involving indigenous peoples and duly integrating the principles of cultural diversity into United Nations country programmes. It 1) provides an overview of the situation of indigenous peoples and the existing international norms and standards adopted to ensure the realization of their rights and resolve some of the crucial issues that they face; 2) presents a practical table and checklist of key issues and related rights; and 3) discusses specific programmatic implications for UNCTs for addressing and mainstreaming indigenous peoples issues."–Publisher
(簡介來源:臺灣大學圖書館)
文章標籤:Economic development projects, etc, Human rights, Indigenous peoples (International law), Indigenous peoples -- Legal status, laws
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Indigenous peoples and human rights

發表於:西文圖書 | by ann facebook twitter plurk
十二月 14 2017
書名: Indigenous peoples and human rights : international and regional jurisprudenc
作者 : Saul, Ben, author.
出版項: London ; New York : Routledge, 2017
ISBN:9781901362404
索書號:K3247 S28 2016
館藏連結
內容簡介
"Indigenous Peoples and Human Rights explores how general human rights standards have enabled, empowered and constrained indigenous peoples in claiming and defending their essential economic, social, cultural, civil and political interests. The book examines the jurisprudence of United Nations treaty committees and regional human rights bodies (in Africa, the Americas and Europe) that have interpreted and applied human rights standards to the special circumstances and experiences of indigenous peoples. It focuses particularly on how human rights laws since the 1960s have been drawn upon by indigenous activists and victims to protect their interests in ancestral lands, natural resources, culture and language. It further explores the right to indigenous self-determination; civil and political rights; economic, social and cultural rights (including labour rights); family and children’s rights; violence and discrimination against indigenous peoples; and access to justice and remedies for violations. The book also discusses international and regional efforts to define who is ‘indigenous’ and who is a ‘minority’, and the legal relationship between indigenous individuals and their communities. The jurisprudence considered in this book significantly shaped the UN Declaration on the Rights of Indigenous Peoples, 2007, which particularises and adapts general human rights standards for indigenous peoples. The book concludes by exploring future normative and implementation challenges in the light of the standard setting and consolidation, and political momentum, surrounding the UN Declaration and associated UN human rights mechanisms"–Unedited summary from book cover
(簡介來源:臺灣大學圖書館)
文章標籤:etc, Human rights, Indigenous peoples -- Legal status, laws
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