Indigenous, Indian, and Aboriginal Law Commons^™

Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay

Sustainable Development Law & Policy

No abstract provided.

Perceived Challenges To Recognition On Prior And Informed Consent Of Indigenous Peoples And Other Local Communities: The Experiences Of The Inter-American Development Bank, Anne Deruyttere

Sustainable Development Law & Policy

No abstract provided.

Balancing Indigenous Rights And A State's Right To Develop In Latin America: The Inter-American Rights Regime And Ilo Convention 169, David C. Baluarte

Sustainable Development Law & Policy

No abstract provided.

Indigenous Peoples' Free Prior And Informed Consent In The Inter-American Human Rights System, Alex Page

Sustainable Development Law & Policy

No abstract provided.

A Commentary To Montserrat Guibernau Nations Without States: Political Communities In The Global Age, Beatrice Tice, Jason Nelson

Michigan Journal of International Law

Commentary on Professor Montserrat Guibernau's Nations Without States: Political Communities in the Global Age

International Human Rights And Indigenous Peoples: The Move Toward The Multicultural State, S. James Anaya

Publications

No abstract provided.

Ecological Effects Know No Boundaries: Little Remedy For Native American Tribes Pursuing Transboundary Pollution Under International Law, Peter D. Lepsch

Buffalo Environmental Law Journal

No abstract provided.

Sacred Sites And Religious Freedom On Government Land, Richard B. Collins

Publications

No abstract provided.

Water Management In The United States And The Fate Of The Colorado River Delta In Mexico, David H. Getches

Publications

No abstract provided.

“Democratizing” Globalization: Practicing The Policies Of Cultural Inclusion, 10 Cardozo J. Int'l & Comp. L. 217 (2002), Doris E. Long

UIC Law Open Access Faculty Scholarship

No abstract provided.

Powers Inherent In Sovereignty: Indians, Aliens, Territories, And The Nineteenth Century Origins Of Plenary Power Over Foreign Affairs, Sarah H. Cleveland

Faculty Scholarship

Does the United States have powers inherent in sovereignty? At least since the 1819 decision in McCulloch v. Maryland, conventional wisdom has held that national government is one of limited, enumerated powers and exercises “only the powers granted to it” by the Constitution and those implied powers “necessary and proper” to the exercise of the delegated powers. All powers not delegated to the federal government are reserved to the states and to the people. In the 1936 decision in United States v. Curtiss-Wright Export Corp., however, the Supreme Court asserted that federal authority over foreign relations operated independently …

Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

Presented by: the Colorado Journal of International Environmental Law and Policy on April 7 & 8, 2001. Symposium director: Lakshman D. Guruswamy.

Co-sponsored by: University of Colorado School of Law, University of Colorado Environmental Program, University of Tulsa National Energy-Environment Law and Policy Institute, University of Colorado United Government of Graduate Students.

The papers and edited proceedings of the conference will be published in a special symposium issue of the Colorado Journal of International Environmental Law & Policy (CJIELP).

"The first objective of the Symposium was to understand and explore the growing importance of nongovernmental actors, and delineate the manner …

The Recognition Of Indigenous Peoples' And Community Traditional Knowledge In International Law, Rosemary J. Coombe

St. Thomas Law Review

Today I want to explore some of the international law-making efforts with respect to indigenous and traditional environmental knowledge. My work over the past three years has involved the study of the ongoing efforts underway to implement state obligations under the Convention on Biological Diversity ("CBD"), and the related efforts of the World Intellectual Property Organization (WIPO), to recognize, protect, and compensate for the contributions of indigenous and traditional communities' knowledge, innovations, and practices to the preservation and maintenance of biological diversity. This is a fascinating process of international lawmaking and an increasingly important field of global politics, which may …

Problems And Solutions Regarding Indigenous Peoples Split By International Borders, Richard Osburn

American Indian Law Review

No abstract provided.

Recovering Collectivity: Group Rights To Intellectual Property In Indigenous Communities, Angela R. Riley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya

Publications

No abstract provided.

Superpower Attitudes Toward Indigenous Peoples And Group Rights, S. James Anaya

Publications

No abstract provided.

Dependent Independence: Application Of The Nunavut Model To Native Hawaiian Sovereignty And Self-Determination Claims, Jeffrey Wutzke

American Indian Law Review

No abstract provided.

Indigenous Peoples And International Law Issues, S. James Anaya

Publications

No abstract provided.

Customary International Law, S. James Anaya

Publications

No abstract provided.

Frozen Rights In Canada: Constitutional Interpretation And The Trickster, John Borrows

American Indian Law Review

No abstract provided.

Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum

Publications

Despite the fact that the New Mexico legislature added a public welfare criterion to the water code over 10 years ago, the State Engineer Office has not addressed the application of the criterion by regulation and has only addressed the public welfare briefly in a few decisions. There is almost no case law in New Mexico addressing this issue. More and more participants, however, are raising public welfare in water rights protests. This paper addresses how the public welfare criterion has developed in western water law and proposes an approach for use of the criterion in New Mexico.

People's Rights Or Victim's Rights: Reexamining The Conceptualization Of Indigenous Rights In International Law, Feisal Hussain Naqvi

Indiana Law Journal

No abstract provided.

February 11, 1996, Letter From L. Udall, Irn, And D. Hunter,To Wb President J. Wolfensohn, Regarding 1st Revew Of Panel, David B. Hunter, Lori Udall

World Bank Inspection Panel 1994-Present

No abstract provided.

Environmental Rights And Indigenous Wrongs, Mahnoush H. Arsanjani

St. Thomas Law Review

The early writers of international law were environmentally literate. Grotius, for example, in his great novel, The Law of War and Peace, prohibited certain potentially advantageous tactics because of their long-term environmental costs. But, the early writers lived in a preindustrial era, where it was reasonable to design a public order based on maximum access and use, and minimum regulation. After all, no matter how many wind driven ships sailed the ocean surface, the ocean would not "wear out." The industrial revolution irrevocably changed that reality. International concern about the protection of the environment began to take political form and …

Development Of The Rights Of The Indigenous Child Under International Law, Cynthia Price Cohen

St. Thomas Law Review

In 1994, the United Nations dedicated the ten-year period starting December 10, 1994, as the Decade of the World's Indigenous People. At the end of the decade, children who were born during the International Year for the World's Indigenous People (1993) will be approaching puberty, while those who were pre-teens that year will have become young adults. It is a very significant time for indigenous children because, all over the world, indigenous families and tribal groups are beginning to receive the recognition that has so long been denied them. To a great extent, this is happening as the result of …

The Emerging System Of International Protection Of Indigenous Peoples' Rights, Mireya Maritza Pena Guzman

St. Thomas Law Review

This article addresses an emerging international trend toward recognizing and protecting the rights of indigenous peoples. The first part briefly describes the existing conflict and emphasizes the need for international legal intervention between the effects of state legislation and the interests of indigenous peoples. Some of the difficulties inherent in this analysis will be highlighted. The second part of this article discusses some of the principal international activities that have benefitted indigenous peoples. The third part analyzes certain fundamental propositions at the international legal level that are directly related to indigenous communities. Finally, this article concludes with some comments on …

A Matter Of Trust: Federal Environmental Responsibilities To Native Americans Under Customary International Law, Karyn I. Wendelowski

American Indian Law Review

No abstract provided.

The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya

Publications

No abstract provided.

International Protection Of The Rights Of The Indigenous Child, Cynthia Price Cohen

St. Thomas Law Review

No abstract provided.