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The Rights of Indigenous Peoples in Marine Areas

The Rights of Indigenous Peoples in Marine Areas

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509952021
  • 出版时间 April 2021
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509928644
¥528.28
发货时间:大约 4-5 weeks
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  • 描述 
  • 大纲 
  • 详细

    The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed.

    This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.

  • Introduction
    Stephen Allen, Nigel Bankes, Endalew Lijalem Enyew and Øyvind Ravna
    PART I. THE COLONIAL ENCOUNTER IN MARINE SPACE
    1. Indigenous Legal Traditions, Inter-societal Law and the Colonisation of Marine Spaces
    Robert Hamilton
    PART II. INTERNATIONAL DIMENSIONS
    2. International Human Rights Law and the Rights of Indigenous Peoples in Relation to Marine Space and Resources
    Endalew Lijalem Enyew
    3. Indigenous Peoples in Marine Areas: Whaling and Sealing
    Malgosia Fitzmaurice
    4. The Jurisprudence of Artisanal Fishing Rights Revisited
    Stephen Allen
    PART III. INDIGENOUS RIGHTS IN MARINE AREAS IN DIFFERENT JURISDICTIONS
    5. The Evolving Governance of Aboriginal Peoples and Torres Strait Islanders in Marine Areas in Australia
    Lee Godden
    6. Modern Land Claims Agreements in Canada and Indigenous Rights with Respect to Marine Areas and Resources
    Nigel Bankes
    7. Indigenous Fishing Rights in Colombia: A Case of Dispossession and Invisibility
    Isabela Figueroa
    8. Marine Protected Areas and Indigenous Peoples' Rights: A Case Study of the National Park of the Coral Sea
    in New Caledonia
    Dorothée Cambou, Jérémie Gilbert and Marlène Dégremont
    9. Legal Protection of Coastal Sámi Culture and Livelihood in Norway
    Øyvind Ravna and Line Kalak
    10. New Zealand/Aotearoa and the Rights of Maori to Natural Resources in Marine Areas
    Andrew Erueti
    11. Defending Ancestral Waters from the Maritime Incursions of the Modern World: The Tagbanua of the Philippines
    Jay L Batongbacal
    12. The Rights of Indigenous Peoples in Marine Areas in Russia
    Ekaterina Zmyvalova and Ruslan Garipov
    13. Indigenous Rights in the US Marine Environment: The Stevens Treaties and their Effects on Harvests and Habitat
    Michael C Blumm and Olivier Jamin
    PART IV. PERSPECTIVES ON INDIGENOUS RIGHTS IN MARINE AREAS
    14. Marine Protected Areas and Indigenous Rights
    Sue Farran
    15. Tlingit Use of Marine Space: Putting up Fish
    Caskey Russell and X_ 'unei Lance Twitchell
    16. Governance of Marine Space: Interactions between the Salmon Aquaculture Industry and Indigenous Peoples in Norway and Canada
    Einar Eythórsson, Dorothee Schreiber, Camilla Brattland and Else Grete Broderstad
    17. Indigenising and Co-managing Local Fisheries: The Evolution of the Alaska Community Development Quota Programme in the Norton Sound Region
    Evelyn Pinkerton and Steve J Langdon

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