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Indigenous Peoples, Natural Resources and Permanent Sovereignty de Andrea Mensi

Indigenous Peoples, Natural Resources and Permanent Sovereignty: Queen Mary Studies in International Law, cartea 49

Autor Andrea Mensi
en Limba Engleză Hardback – 21 oct 2022
Indigenous Peoples, Natural Resources and Permanent Sovereignty explores the possibility to conceive a permanent sovereignty over natural resources vested in indigenous peoples rather than in States.
The author examines the conceptualisation and content under customary international law of indigenous rights with respect to natural resources, including the impact of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007.
The book provides a deep and updated analysis on international customs, international and regional conventions and the jurisprudence of regional courts concerning indigenous rights to natural resources, including the most recent developments in domestic jurisprudence and legislation.
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Specificații

ISBN-13: 9789004523982
ISBN-10: 9004523987
Pagini: 365
Dimensiuni: 155 x 235 mm
Greutate: 0.58 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Queen Mary Studies in International Law

Notă biografică

Andrea Mensi, Ph.D. (2021), Bocconi University Milan, is postdoctoral researcher in international law at the USI University of Lugano. He is a generalist public international lawyer with interest in indigenous and minority rights as well as an attorney practicing before the ECtHR.

Cuprins

Acknowledgements

Abbreviations

Table of Cases

Table of Statutes and Statutory Instruments

Introduction

Part 1
States, Sovereignty and Peoples’ Rights
1The Principle of Permanent Sovereignty over Natural Resources as a Right of States
1 Preliminary Remarks

2 Sovereignty over Territory in International Law
2.1Origins of Territorial Sovereignty

2.2Territorial Sovereignty in Current International Law

2.3Territorial Sovereignty as Opposed to Property Rights


3 Permanent Sovereignty over Natural Resources
3.1Elaboration via the UN General Assembly

3.2The UN Declaration on Permanent Sovereignty over Natural Resources

3.3Elaboration in General Multilateral Treaties

3.4Elaboration in International Case Law

3.5The Current Content under Customary International Law of the Principle of Permanent Sovereignty over Natural Resources


4 Concluding Remarks


2The Conceptualization of Indigenous Peoples in International Law
1 Preliminary Remarks

2 Early Legal Theories on Indigenous Peoples
2.1The Doctrine of Discovery

2.2The Irrelevance of Indigenous Peoples as Such in Classic International Law


3 Indigenous Individuals under International Human Rights Law
3.1Indigenous Individuals

3.2Indigenous Individuals as Members of Minority Groups


4 Indigenous Peoples as a Category of ‘Peoples’
4.1Peoples as the Population of the Whole of a State

4.2Peoples as Distinct Subjects from the Population of a State as a Whole




5 Indigenous as Other Non-independent Peoples
5.1ILO Convention No 169

5.2The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)

5.3The American Declaration on the Rights of Indigenous Peoples (ADRIP)

5.4The Proposed Nordic Saami Convention

5.5Peoples’ Rights in the African Charter


6 Indigenous ‘Communities’

7 Concluding Remarks

Part 2
Indigenous Rights with Respect to Natural Resources before UNDRIP
3Individual and Collective Indigenous Rights and Natural Resources
1 Preliminary Remarks

2 The Rights of Indigenous Individuals with Respect to Natural Resources under International Human Rights Law
2.1Universal Instruments

2.2Regional Instruments


3 The Rights of Indigenous Peoples under ILO Convention No 169

4 The Rights of Indigenous as Peoples under International Human Rights Law
4.1Common Article 1 of the ICCPR and ICESCR

4.2African Charter on Human and Peoples’ Rights


5 Concluding Remarks


4Permanent Sovereignty over Natural Resources as a People’s Right
1 Preliminary Remarks

2 Rights over Natural Resources as Part of the Right of All Peoples to Self-Determination
2.1Common Article 1 ICCPR and ICESCR

2.2Article 21 of the African Charter on Human and Peoples’ Rights


3 Permanent Sovereignty over Natural Resources and Colonial and Equivalent Peoples
3.1General Framework

3.2Specific Instances


4 The Content of Permanent Sovereignty over Natural Resources as a Right of Peoples
4.1Generally Applicable Rules

4.2Accordance with International Law


5 Permanent Sovereignty over Natural Resources and Indigenous Peoples

6 Concluding Remarks


Part 3
The Impact of the UNDRIP on Indigenous Rights with Respect to Natural Resources
5Indigenous Peoples’ Rights with Respect to Natural Resources in UNDRIP
1 Preliminary Remarks

2 Indigenous Collective Rights with Respect to Lands, Territories and Natural Resources
2.1Terminology Adopted by the Declaration

2.2Collective Rights to Cultural and Spiritual Relationship with Respect to Natural Resources

2.3Collective Rights with Respect to Lands and Natural Resources

2.4Recognition and Adjudication of Rights with Respect to Lands, Territories and Natural Resources

2.5The Right to Redress

2.6Consultations and Free, Prior and Informed Consent


3 Indigenous Rights with Respect to Natural Resources in the UNDRIP and Permanent Sovereignty

4 Concluding Remarks


6Indigenous Peoples’ Rights with Respect to Natural Resources after UNDRIP
1 Preliminary Remarks

2 UNDRIP Influence on Later International Instruments
2.1Indigenous Peoples and Natural Resources in the ADRIP

2.2Indigenous Collective Rights with Respect to Natural Resources in the Proposed Nordic Saami Convention


3 The UNDRIP Influence on Regional Jurisprudence
3.1The Inter-American System

3.2The Caribbean System

3.3The European Framework

3.4The African System


4 Influence on Domestic Jurisprudence and Legislation
4.1The Application of UNDRIP Principles by Domestic Courts

4.2UNDRIP Influence on Domestic Legislation


5 UNDRIP Influence on International and Human Rights Bodies

6 Indigenous ‘Permanent Sovereignty’ over Natural Resources after undirp

7 Concluding Remarks


Conclusions
1 Permanent Sovereignty over Natural Resources as a Right of Peoples

2 Indigenous Peoples as ‘Peoples’ with a Right to Self-Determination

3 Indigenous Peoples’ Rights with Respect to Natural Resources

4 Indigenous Peoples’ Rights with Respect to Natural Resources and Permanent Sovereignty

5 Future Developments in International Law on Indigenous Rights


Bibliography

Index