基本説明
New in paperback. Hardcover was published in 2008. Offers both international and comparative perspectives on redress for injustices suffered by indigenous peoples.
Full Description
Published in concomitance with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, this volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, investigate the right of indigenous peoples to reparation for breaches of their individual and collective rights.
The first part of the book is devoted to general aspects of this important matter, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law, and the vision of reparations as conceived by the communities concerned.
The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, examining the best practices of reparations according to the ideologies and expectations of indigenous peoples and offering a comparative perspective on the ways in which the right of these peoples to redress for the injuries suffered is realized worldwide.
The global picture painted by these contributions provides a view of the status of relevant international law that is synthesized in the two final chapters of the book, which include a concrete example of how a judicial claim for reparation is to be structured and prescribes the best practices and strategies to be adopted in order to maximize the opportunities for indigenous peoples to obtain effective redress.
As a whole, this volume offers a comprehensive vision of its subject matter in international and comparative law, with a practical approach aimed at supporting legal academics, administrators, and practitioners in improving the avenues and modalities of reparations for indigenous peoples.
Contents
I INTERNATIONAL LAW, REPARATIONS FOR HUMAN RIGHTS VIOLATIONS AND INDIGENOUS PEOPLES' RIGHTS ; 1. Reparations for Indigenous Peoples in International and Comparative Law: An Introduction ; 2. Reparation for Indigenous Peoples: Is International Law Ready to Ensure Redress for Historical Injustices? ; 3. Reparations for Indigenous Peoples: The Present Value of Past Wrongs ; 4. The Trail of Broken Dreams: The Status of Indigenous Peoples in International Law ; 5. Indigenous Peoples, Afro-Indigenous Peoples and Reparations ; 6. Indigenous Peoples and Psychosocial Reparation: The Experience With Latin American Indigenous Communities ; II REPARATIONS FOR INDIGENOUS PEOPLES: INTERNATIONAL, REGIONAL AND DOMESTIC PRACTICE ; 7. Reparations for Indigenous Peoples: Global International Instruments and Institutions ; 8. Reparations for Cultural Loss ; 9. In Praise of Guilt: How the Yearning for Moral Purity Blocks Reparations for Native Americans ; 10. Repairing Reparations in the American Indian Nation Context ; 11. Indigenous Peoples of Canada and Their Efforts to Achieve True Reparations ; 12. Reparations for Indigenous Peoples in the Case Law of the Inter-American Court of Human Rights ; 13. Reparations for Indigenous Peoples in Two Selected Latin American Countries ; 14. Reparations for Indigenous Peoples in Europe: The Case of the Sami People ; 15. Reparations and Africa's Indigenous Peoples ; 16. International Law and Reparations for Indigenous Peoples in Asia ; 17. Reparations for Masyarakat Adat in Indonesia: A Sombre Tale ; 18. Why the Persistent Absence of a Foundational Principle? Indigenous Australians, Proprietary and Family Reparations ; 19. Reparations for Maori Grievances in Aotearoa New Zealand ; III OPERATIONAL STRATEGIES AND BEST PRACTICES FOR ENSURING REPARATION FOR INDIGENOUS PEOPLES ; 20. Reparations for Neglect of Indigenous Land Rights at the Intersection of Domestic and International Law - The Maya Cases in the Supreme Court of Belize ; 21. Conclusive Notes: Defining Best Practices and Strategies for Maximizing the Concrete Chances of Reparation for Injuries Suffered by Indigenous Peoples ; APPENDIX ; INDEX
