Full Description
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.
Contents
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
