A new dawn over the land: shedding light on collective ownership and consent.

Gilbert, Jeremie and Doyle, Cathal (2011) A new dawn over the land: shedding light on collective ownership and consent. In: Reflections on the UN Declaration on the rights of indigenous peoples. Allen, Stephen and Xanthaki, Alexandra, eds. Studies in International Law (30). Hart Publishing, Oxford. ISBN 9781841138787

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Abstract

It is now widely recognised that a profound cultural, social and spiritual relationship with their lands and territories is characteristic of indigenous peoples and fundamental to their survival. In spite of this fact, indigenous peoples have been and are repeatedly deprived of their lands, territories and resources. Present day economic imperatives arising from globalisation are putting new strains on indigenous peoples’ rights over their traditional territories. Driven by the demands of an increasingly globalised economy and the opening up of markets in developing countries to foreign direct investment, activities such as mining, logging, dam construction and mono-cropping are becoming synonymous with violations of indigenous peoples’ rights, resulting in ongoing tensions and conflicts between indigenous peoples, states and transnational corporations. Central to the realisation of indigenous peoples’ land and self-determination rights is their ability to ensure recognition and enforcement of these rights. The aim of this chapter is to evaluate the potential significance of the adoption of the Declaration in the development of international legal standards regarding indigenous peoples’ land, territory and resource rights.

Item Type:Book Section
Research Areas:School of Law > Law
ID Code:8135
Permissions granted by publisher:With grateful thanks to the publishers for granting permission "for the pre-published Word version of this file to be published on our repository site."
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Deposited On:12 Sep 2011 09:28
Last Modified:19 Jul 2014 07:08

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