This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspeds of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of indigenous sovereignty. Parts I and Ill explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfilment of indigenous peoples rights, to contribute to the maintenance of peace and the pursuit of justice in international relations. "This book stems from a number of seminars, workshops, and conferences organised at the Law Department of the University of Roma "Roma Tre" since the adoption of the UNDRIP."--Page 35.
Bibliography, etc. Note
Includes bibliographical references (pages 318-327).
Formatted Contents Note
List of Contributors – Abbreviations Introducing the Inherent Rights of Indigenous Peoples / Antonietta Di Blase and Valentina Vadi. Part I: Sovereignty and Self-Determination. The Self-Determination of Indigenous Peoples / Antonietta Di Blase. Spatio- Temporal Dimensions of Indigenous Sovereignty in International Law / Valentina Vadi. Part II: Indigenous Peoples and Human Rights. The Indigenous Peoples Right to Lands and Natural Resources in the Inter-American Human Rights System: Preserving Cultural Identity while Ensuring Development / Gabriella Citroni. Indigenous Peoples Rights in International Law: The Ogiek Decision by the African Court of Human and Peoples Rights / Carlo Focarelli. Part III: Indigenous Peoples and International Economic Law. The Protection of Indigenous Cultural Heritage in International Investment Law and Arbitration / Valentina Vadi. The Safeguard of Indigenous Peoples within International and EU Law on Investment. An overview / Pia Acconci. The Protection of Traditional Knowledge of Agricultural Interest in International Law / Simone Vezzani.
Series
Diritto internazionale. Diritto internazionale privato e dell"Unione Europea ; 3