This highly original work demonstrates the role and importance of customary law as the primary source of law for indigenous peoples all over the world. The book reviews the relationship between customary, positive and natural law from the time of Plato up to the present day. It examines its recognition in constitutional law and in international human rights and environmental instruments.
This highly original work demonstrates the role and importance of customary law as the primary source of law for indigenous peoples all over the world. The book reviews the relationship between customary, positive and natural law from the time of Plato up to the present day. It examines its recognition in constitutional law and in international human rights and environmental instruments.
Brendan Tobin (Ashoka Fellow, Ashoka Innovators for the Public) a Research Fellow at the Law School, Griffith University, Australia, has over 20 years of experience working on environmental law and human rights around the world. He has previously been a lecturer at the National University of San Marcos, Peru, a researcher at the United Nations University, Japan. As a legal consultant he has worked for a range of clients including the World Intellectual Property Organization and Central University of Minorities in Beijing, China. He was the Coordinator and Founding Member of the Asociación para la Defensa de los Derechos Naturales (Association for the Defence of Natural Rights) based in Peru and an NGO representative on the Peruvian national delegation to the Convention on Biological Diversity. He has a PhD from the Irish Centre for Human Rights, National University of Ireland, Galway, and practised as a barrister in Dublin, Ireland. He holds dual Irish and Peruvian citizenship.
Inhaltsangabe
Introduction 1. Customary Law in Context 2. Self-Determination in Practice 3. Where Custom is the Law 4. In Search of the Living Law 5. Ancestral Rights Recovered: Lands and Traditional Territories 6. Natural Resources or Essences of Life? 7. Right to Culture and Cultural Heritage 8. Traditional Knowledge 9. Intercultural Equity and Justice In Closing: Traditions for the Future
Introduction 1. Customary Law in Context 2. Self-Determination in Practice 3. Where Custom is the Law 4. In Search of the Living Law 5. Ancestral Rights Recovered: Lands and Traditional Territories 6. Natural Resources or Essences of Life? 7. Right to Culture and Cultural Heritage 8. Traditional Knowledge 9. Intercultural Equity and Justice In Closing: Traditions for the Future
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