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

Book chapter


Gilbert, J. and Doyle, Cathal 2011. A new dawn over the land: shedding light on collective ownership and consent. in: Allen, Stephen and Xanthaki, Alexandra (ed.) Reflections on the UN Declaration on the Rights of Indigenous Peoples Oxford Hart Publishing.
AuthorsGilbert, J. and Doyle, Cathal
EditorsAllen, Stephen and Xanthaki, Alexandra
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.

Keywordsindigenous peoples; collective rights
Book titleReflections on the UN Declaration on the Rights of Indigenous Peoples
Year2011
PublisherHart Publishing
Publication dates
Print2011
Publication process dates
Deposited04 Jul 2013
Place of publicationOxford
Series Studies in International Law
ISBN9781841138787
9781847316233
Web address (URL)http://www.hartpub.co.uk/books/details.asp?isbn=9781841138787
Accepted author manuscript
License
CC BY-ND
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https://repository.uel.ac.uk/item/86165

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