x, 415 pages : illustrations, maps ; 24 cm
9781509928644 (hardback) 9781509928668 (epdf) 9781509928651 (epub) 1509928642 1509928669 1509928650
"The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. Sustained initiatives by international institutions have seen national legal regimes and the international legal order accept that they possess an extensive array of legal rights. However, despite this, claims advanced by indigenous peoples relating to rights to marine spaces have been met with marked lack of receptiveness. This book offers the first sustained study of these rights and their reception. Taking a three part approach, it looks firstly at the international aspects of indigenous entitlement in marine spaces. It then goes on to explore specific country examples, before looking at some cross cutting themes of crucial importance to the question. Drawing on the expertise of leading scholars, this is a rigorous and long overdue exploration of a significant lacuna in indigenous peoples' rights"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Part I: The colonial encounter in marine space Indigenous legal traditions, inter-societal law and the colonisation of marine spaces / Robert Hamilton Part II: International dimensions International human rights law and the rights of indigenous peoples in relation to marine space and resources / Endalew Lijalem Enyew Indigenous peoples in marine areas: whaling and sealing / Malgosia Fitzmaurice The jurisprudence of artisanal fishing rights revisited / Stephen Allen Part III: Indigenous rights in marine areas in different jurisdictions The evolving governance of aboriginal peoples and Torres Strait islanders in marine areas in Australia / Lee Godden Modern land claims agreements in Canada and indigenous rights with respect to marine areas and resources / Nigel Banks Indigenous fishing rights in Colombia: a case of dispossession and invisibility / Isabela Figueroa Marine protected areas and indigenous peoples' rights: a case study of the National Park of the Coral Sea in New Caledonia / Dorothée Cambou, Jérémie Gilbert and Marlène Dégremont Legal protection of coastal Sámi culture and livelihood in Norway / Øyvind Ravna and Line Kalak New Zealand/Aotearoa and the rights of Māori to natural resources in marine areas / Andrew Erueti Defending ancestral waters from the Maritime incursions of the modern world: the Tagbanua of the Philippines / Jay L Batongbacal The rights of indigenous peoples in marine areas in Russia / Ekaterina Zmyvalova and Ruslan Garipov Indigenous rights in the US marine environment: the Stevens treaties and their effects on harvests and habitat / Michael C Blumm and Olivier Jamin Part IV: Perspectives on indigenous rights in marine areas Marine protected areas and indigenous rights / Sue Farran Tlingit use of marine space: putting up fish / Caskey Russel and X̱'unei Lance Twitchell Governance of marine space: interactions between the salmon aquaculture industry and indigenous peoples in Norway and Canada / Einar Eythórsson, Dorothee Schreiber, Camilla Brattland and Else Grete Broderstad Indigenising and co-managing local fisheries: the evolution of the Alaska community development quota programme in the Norton Sound region / Evelyn Pinkerton and Steve J Langdon
K3260 .R55 2019
Available in Other Form
Online version: Rights of indigenous peoples in marine areas Chicago : Hart Publishing, 2019
Oxford, UK : Hart Publishing, Bloomsbury Publishing Plc, 2019.