Results 161 to 170 of about 466,524 (212)

Indigenous Law

2020
Abstract Indigenous law is the category applied to the norms and legally binding practices of thousands of distinct indigenous communities spanning six continents. This chapter focuses on the content and construction of indigenous law within the borders of the present-day United States, equally marked by diversity among Native ...
Gregory Ablavsky, Sarah Deer, Justin Richland   +2 more
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Indigenous Sovereignty, Common Law, and Natural Law

American Journal of Political Science, 2023
AbstractRenewed calls for Indigenous sovereignty in North America have led some scholars to search Western philosophy for thinking that affirms these claims. Many suggest that the common law tradition offers resources to do so. In this article, I argue that common law is limited in its capacity to endorse Indigenous political legitimacy.
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Incorporating Indigenous Law

2000
Abstract Indigenous, and also religious, legal codes can be and have been incorporated into the legal systems of states in a number of ways. These include common‐law incorporation, which recognizes culturally distinct ways of establishing rights that are known to the general law, such as marriage and property rights; customary ...
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Indigenous cultural heritage and international law

2022
Cultural heritage is an essential component of Indigenous peoples' cultural identity and a necessary condition for their very physical survival. Furthermore, its appropriate safeguarding is an essential prerequisite for ensuring proper enjoyment of other rights recognized by international law in favour of such peoples.
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Law and Indigenous Peoples

Law & Social Inquiry, 1992
Why should indigenous peoples be accorded distinctive legal rights? On the one hand, the question seems to demand a simple answer: No special rights should exist provided that there are adequate protections for individual and human rights which indigenous peoples can utilize as readily as any others. If property rights are protected for all, if freedom
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Indigenous Women and Law

2020
Canadian Literature, No.
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Indigenous law and development

Development Southern Africa, 1985
Law is often used as a means of social engineering, an analysis of which requires an understanding of the nature, possibilities and limits of law. It is closely related to the way of life of the people it is to serve, it is both dynamic and conservative in nature, and it follows, as well as at times directing, change.
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Current Indigenous Arts Law Issues

Alternative Law Journal, 2004
This paper provides a snapshot of recent developments affecting Indigenous artists and their communities, with a focus on Indigenous communal moral rights, resale rights and Indigenous protocols. Whilst there is an appreciation of the value that Indigenous art and culture provides both domestically and internationally, there appears to be resistance ...
Samantha Joseph, Robyn Ayres
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Indigenous Peoples In International Law

Human Rights & Human Welfare, 2005
A review of: Indigenous Peoples In International Law (Second Edition) by S. James Anaya. Oxford: Oxford University Press, 2004. 396pp.
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Indigenous Rights in International Law

2014
Indigenous rights have been gaining traction in international law since World War II. Indigenous peoples, previously classified under the scope of domestic law, have propelled their cause into the global arena. Indigenous societies are vastly heterogeneous, but they possess some common features, such as lack of statehood, economic and political ...
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