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Books > Social sciences > Sociology, social studies > Ethnic studies > Indigenous peoples
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Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters (Hardcover)
Loot Price: R4,625
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Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters (Hardcover)
Series: Routledge Studies in Law and Sustainable Development
Expected to ship within 12 - 17 working days
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This highly original work demonstrates the fundamental role of
customary law for the realization of Indigenous peoples' human
rights and for sound national and international legal governance.
The book reviews the legal status of customary law and its
relationship with positive and natural law from the time of Plato
up to the present. It examines its growing recognition in
constitutional and international law and its dependence on and at
times strained relationship with human rights law. The author
analyzes the role of customary law in tribal, national and
international governance of Indigenous peoples' lands, resources
and cultural heritage. He explores the challenges and opportunities
for its recognition by courts and alternative dispute resolution
mechanisms, including issues of proof of law and conflicts between
customary practices and human rights. He throws light on the
richness inherent in legal diversity and key principles of
customary law and their influence in legal practice and on emerging
notions of intercultural equity and justice. He concludes that
Indigenous peoples' rights to their customary legal regimes and
states' obligations to respect and recognize customary law, in
order to secure their human rights, are principles of international
customary law, and as such binding on all states. At a time when
the self-determination, land, resources and cultural heritage of
Indigenous peoples are increasingly under threat, this accessible
book presents the key issues for both legal and non-legal scholars,
practitioners, students of human rights and environmental justice,
and Indigenous peoples themselves.
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