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Articles 1 - 8 of 8
Full-Text Articles in Law
Divided We Stand: The Haudenosaunee, Their Passport And Legal Implications Of Their Recognition In Canada And The United States, Nicole Terese Capton Marques
Divided We Stand: The Haudenosaunee, Their Passport And Legal Implications Of Their Recognition In Canada And The United States, Nicole Terese Capton Marques
San Diego International Law Journal
There are several indigenous nations divided by the international border between the U.S. and Canada (hereinafter, border tribes). Part II will provide historical background on the Haudenosaunee and the Haudenosaunee passport, as well as on the Jay Treaty's free passage right as recognition that the international border was not to affect border tribes. Part III of this comment will examine the trust-like duty both federal governments owe to indigenous populations in general, briefly describe benefits and services offered, and then discuss the legal effects of current legislation and regulations by the American and Canadian governments on Haudenosaunee tribal members living …
The Impact Of Indonesian Agricultural Policies On Indigenous Populations, Natural Resources And The Economy: The Limits Of Democratic Self-Determination Under Capitalist Regimes, Scott Brainard
University of Miami Inter-American Law Review
No abstract provided.
Traditional Knowledge Under International Human Rights Law: Applying Standards Of Communitarian Property Over Ancestral Lands To Traditional Knowledge-Related Claims, Maria Dolores Mino Ms.
Traditional Knowledge Under International Human Rights Law: Applying Standards Of Communitarian Property Over Ancestral Lands To Traditional Knowledge-Related Claims, Maria Dolores Mino Ms.
Maria Dolores Mino Ms.
The article intends to explore the possibility of protecting intellectual property right of indigenous peoples over their traditional knowledge under the existing norms and jurisprudence on the right to communitarian property to ancestral land, as developed by international human rights law, and in particular, the jurisprudence of the Inter- American System of Protection and Promotion of Human Rights. To do so, the article will explore the inadequacy of the currently existing Intellectual Property Regime to protect the rights of indigenous peoples over their traditional knowledge, the existing international standards and jurisprudence on Intellectual Property Rights and International Human Rights Law, …
Introduction To The Iachr Report On Indigenous And Tribal Peoples' Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Taiawagi Helton
American Indian Law Review
No abstract provided.
The Power Of Definition: Brazil's Contribution To Universal Concepts Of Indigeneity, Jan Hoffman French
The Power Of Definition: Brazil's Contribution To Universal Concepts Of Indigeneity, Jan Hoffman French
Sociology and Anthropology Faculty Publications
This article builds on discussions about the potential benefits and difficulties with developing a universal definition of indigenous peoples. It explores the spaces made available for theorizing indigeneity by the lack of a definition in the United Nations Declaration on the Rights of Indigenous Peoples, adopted in 2007. Specifically, this article addresses the challenge presented by the diversity of groups claiming indigenous status in Brazil. To what extent do distinct cosmologies and languages that mark Amazonian Indians as unquestionably indigenous affect newly recognized tribes in the rest of Brazil who share none of the indicia of authenticity? This article theorizes …
The Power Of Definition: Brazil's Contribution To Universal Concepts Of Indigeneity, Jan Hoffman French
The Power Of Definition: Brazil's Contribution To Universal Concepts Of Indigeneity, Jan Hoffman French
Indiana Journal of Global Legal Studies
This article builds on discussions about the potential benefits and difficulties with developing a universal definition of indigenous peoples. It explores the spaces made available for theorizing indigeneity by the lack of a definition in the United Nations Declaration on the Rights of Indigenous Peoples, adopted in 2007. Specifically, this article addresses the challenge presented by the diversity of groups claiming indigenous status in Brazil. To what extent do distinct cosmologies and languages that mark Amazonian Indians as unquestionably indigenous affect newly recognized tribes in the rest of Brazil who share none of the indicia of authenticity? This article theorizes …
Autochthony, Citizenship, And Exclusion - Paradoxes In The Politics Of Belonging In Africa And Europe, Peter Geschiere
Autochthony, Citizenship, And Exclusion - Paradoxes In The Politics Of Belonging In Africa And Europe, Peter Geschiere
Indiana Journal of Global Legal Studies
Our world seems to be globalizing, yet in practice, it is marked more than ever by what Tania Murray Li calls "a conjuncture of belonging." The notion of autochthony plays a special role in this obsession with belonging as some sort of primordial claim: How can one belong more than if one is born from the soil itself? Since the 1990s, the notion has played a key role in politics in several parts of Africa. Yet, its spread has now become truly global. Comparisons with other parts of the world show that this notion retains its apparently "natural"s elf-evidence and, …
Indigenous And Tribal Peoples' Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Inter-American Commission On Human Rights
Indigenous And Tribal Peoples' Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Inter-American Commission On Human Rights
American Indian Law Review
No abstract provided.