Nomadic territories: a human rights approach to nomadic peoples’ land rights

Gilbert, Jeremie (2007) Nomadic territories: a human rights approach to nomadic peoples’ land rights. Human Rights Law Review, 7 (4). pp. 681-716. ISSN 1461-7781

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Official URL: http://dx.doi.org/10.1093/hrlr/ngm030

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Abstract

In most societies nomadic peoples face discrimination. At the heart of this discrimination frequently lies the crucial issue of property in land. The sharing of lands between nomads and settled agriculturalist societies has often led to violent confrontation. Access to land is a determining factor for many nomadic peoples as whether or not nomads have access to land will determine the survival of their mobile lifestyle. Historically nomadic peoples have not been regarded as having any rights to land because their nomadic lifestyle was not considered to fulfil the criterion of ‘effective occupation’ of the land. By exploring the evolution of international law regarding nomadic peoples’ land rights, this article analyses how human rights law could provide nomadic peoples with rights to use their lands. Ultimately, this article argues that under the banner of international human rights law, nomadic peoples are gaining the right to live on their land in their traditional ways through the gradual establishment of a specific corpus of law dedicated to the rights of nomads.

Item Type:Article
Research Areas:School of Law > Law
ID Code:3798
Permissions granted by publisher:Dear Dr Gilbert Thank you for your email. In answer to your questions: 1. The self-archiving policy for this journal does allow you to put up a “Post-print” version of your article (the final author version prior to typesetting or proof reading), or alternatively it allows you to post the free URL link you will have been sent at the time of publication. However, it is not our policy to allow the final published version of articles to be posted onto third party websites. 2. As part of your copyright agreement with Oxford University Press you have retained the right, after publication, to use all or part of the article and abstract, in the preparation of derivative works, extension of the article into book-length or in other works, provided that a full acknowledgement is made to the original publication in the journal. As a result, you should not require direct permission from Oxford University Press to reuse you article. However, if you are required by your new publisher or employer to obtain full written permission prior to reuse, please let us know and we will draw up a letter as soon as possible. I hope this answers your questions, but please feel free to contact me if you have any other queries. Best wishes Chris Payne | Head of Copyright and Permissions Rights Department Academic Books and Journals Divisions Oxford University Press Great Clarendon Street | Oxford | OX2 6DP | UK
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Deposited On:23 Feb 2010 09:04
Last Modified:20 Jul 2014 01:21

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