University Press Scholarship Online

You are looking at 1-10 of 67 items for: keywords : indigenous rights

Neoliberalism and the re-emergence of ethnopolitics in Bolivia Willem Assies

in Multiculturalism and the Welfare State: Recognition and Redistribution in Contemporary Democracies Published in print: 2006 Published Online: May Publisher: Oxford University Press 2007 DOI: 10.1093/ ISBN: 9780199289172 eISBN: 9780191711084 acprof:oso/9780199289172.003.0011 Item type: chapter

This chapter examines one of the most controversial cases in Latin America regarding the link between indigenous rights and neoliberal retrenchment. Bolivia is a central case since there indigenous leaders have entered into alliances with neoliberal parties, gaining modest indigenous MCPs in return for not opposing structural reforms. Yet these alliances did not last, and many indigenous leaders insist that neoliberalism and indigenous rights are inherently in conflict. The chapter explores what the Bolivian case says about the potential for alliances between MCPs and neoliberalism and their limits.

Incorporating Indigenous Law Jacob T. Levy

in The Multiculturalism of Fear Published in print: 2000 Published Online: Publisher: Oxford University Press November 2003 DOI: 10.1093/0198297122.003.0007 ISBN: 9780198297123 eISBN: 9780191599767 Item type: chapter

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 incorporation, which directly applies and enforces the customary rights, privileges, and duties associated with the relevant legal tradition; and self‐government, which grants legal status to the group to make, and revise, its laws on a territorial basis. Hybrid forms have often represented hypocrisy on the Page 1 of 6

states’ part, according to indigenous peoples, the burdens of all these and the benefits of none. The inalienability of indigenous land against a generally common‐law background is such a hypocrisy.

Intrastate Autonomy Allen Buchanan

in Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law Published in print: 2003 Published Online: April Publisher: Oxford University Press 2004 DOI: 10.1093/0198295359.003.0009 ISBN: 9780198295358 eISBN: 9780191600982 Item type: chapter

Ch. 8 argued for combining a rather restrained, justice‐based view of the unilateral right to secede, the Remedial Right Only Theory, with a much more supportive stance toward forms of self‐determination within the state: various forms of intrastate autonomy. This chapter argues that the international legal order ought to acknowledge the importance of self‐determination by supporting intrastate autonomy, and also suggests that, apart from the role that international law should play, individual states should generally give serious consideration to proposals for intrastate autonomy. The chapter first makes the case for including in the domain of transnational justice the monitoring and enforcement of intrastate autonomy regimes under certain rather exceptional circumstances, and then, in the last section, suggests that even where principles of transnational justice do not require it, there are cases in which the international community might play a constructive role by providing diplomatic support and economic inducements or pressure to encourage the creation and well‐functioning of intrastate autonomy regimes. The five sections of the chapter are: I. Intrastate Autonomy and Transnational Justice; II. Indigenous Peoples’ Rights; III. Justifications for Intrastate Autonomy for Indigenous Peoples; IV. Basic Individual Human Rights as Limits on Intrastate Autonomy; and V. International Support for Intrastate Autonomy: Beyond the Requirements of Transnational Justice.

Theorizing Indigenous Rights Will Kymlicka

in Politics in the Vernacular: Nationalism, Multiculturalism, and Citizenship Published in print: 2001 Published Online: Publisher: Oxford University Press November 2003 DOI: 10.1093/0199240981.003.0007 ISBN: 9780199240982 eISBN: 9780191599729 Item type: chapter

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This chapter reviews the book “Indigenous Peoples in International Law” by James Anaya. The book explores the theory that indigenous peoples are a distinct category, and should not be classified under the heading of national minorities. It is argued that this theory conflicts with the realities of international law and the self-understandings of many defenders of indigenous rights. It also appears to justify only transnational rather than permanent differences in the rights of indigenous peoples and stateless nations.

Indigenous Rights and Environmental Justice Will Kymlicka

in Politics in the Vernacular: Nationalism, Multiculturalism, and Citizenship Published in print: 2001 Published Online: Publisher: Oxford University Press November 2003 DOI: 10.1093/0199240981.003.0008 ISBN: 9780199240982 eISBN: 9780191599729 Item type: chapter

This chapter explores the rights of indigenous peoples within the context of social justice and environmental protection. It argues that although indigenous peoples have inherent rights to self-determination, this does not absolve them from redistributive obligations. It presents two ways in which principles of justice can be adapted to accommodate that situation of indigenous peoples: extra resources may be required to rectify the disadvantages they face as minority cultures; indigenous peoples should be free to decide how to manage their traditional lands in accordance with the principles of justice.

Got Title; Will Sell: Indigenous Rights to Land in Chile and Argentina Lila Barrera-Hernández

in Property and the Law in Energy and Natural Resources Published in print: 2010 Published Online: May Publisher: Oxford University Press 2010 DOI: 10.1093/ ISBN: 9780199579853 eISBN: 9780191722745 acprof:oso/9780199579853.003.0010 Item type: chapter

This chapter analyses the issue of indigenous land rights in Chile and Argentina. Throughout South America, indigenous peoples are being pushed to extinction through government action (and inaction), which deprives them of their lands and seriously compromises their access to life-sustaining resources. To a considerable extent, the government's attitude towards indigenous land rights is a result of a desire to attract investment to the energy and energy-related sectors. Though investor Page 3 of 6

companies may appear to benefit from these tactics in the short term, it is doubtful that they will be better off in the long run as sustainability is compromised.

Environmental Justice and Global Movements David Schlosberg

in Defining Environmental Justice: Theories, Movements, and Nature Published in print: 2007 Published Online: Publisher: Oxford University Press September 2007 DOI: 10.1093/ ISBN: 9780199286294 eISBN: 9780191713323 acprof:oso/9780199286294.003.0004 Item type: chapter

This chapter examines the use of the concept of environmental justice in various global movements, including the anti-globalization, food security, indigenous rights, and climate justice movements. In each of these movements' use of the discourse of environmental justice, there are elements of equity and distribution, individual and cultural recognition, political participation, and individual and community functioning.

Decentralizing Decentralization: Mexico's Invisible Fourth Level of the State 1 Jonathan Fox

in Accountability Politics: Power and Voice in Rural Mexico Published in print: 2007 Published Online: May Publisher: Oxford University Press 2008 DOI: 10.1093/ ISBN: 9780199208852 eISBN: 9780191709005 acprof:oso/9780199208852.003.0007 Item type: chapter

This chapter explores the relationship between democratization and decentralization. In Mexico, the government promoted deliberative citizen participation nation-wide in rural municipalities, well before national electoral democratization. Mexican decentralization empowered municipalities, but it turns out that municipal governance systematically excludes millions of rural people who live outside of the town centers that usually control municipal affairs. Those villages are most directly governed by sub-municipal authorities. In some states and regions these truly local authorities are chosen democratically, representing villagers to the municipality, in others they are designated from above, representing the mayor to the villagers. This chapter explores rural citizens' efforts to hold local governments accountable through three different comparative research strategies: analysis of resource allocation decision-making processes in a representative sample of local rural governments in the state of Oaxaca; comparison of changing municipal-sub-municipal power Page 4 of 6

relations in four rural states (Oaxaca, Guerrero, Hidalgo, and Chiapas); and a nation-wide comparison of the state level laws that govern this invisible ‘sub-municipal regime’.

Legal Foundations for the Recognition of Customary Law in the Post-Colonial South Pacific Erika J Techera

in Law and Anthropology: Current Legal Issues Volume 12 Published in print: 2009 Published Online: Publisher: Oxford University Press February 2010 DOI: 10.1093/ ISBN: 9780199580910 eISBN: 9780191723025 acprof:oso/9780199580910.003.0009 Item type: chapter

This chapter examines the theoretical bases that may be used to support the formal recognition of customary law, and to illustrate why it should be acknowledged as an important source of law in the legally pluralist post-colonial societies of the South Pacific. It shows that the recognition of customary law in the postcolonial societies of the South Pacific finds theoretical support in the concept of legal pluralism, principles of human and indigenous rights, and also environmental justice. However, there is little doubt that customary law has been eroded by colonization, and faces a modern challenge in globalization and its renewed interest in uniformity and homogenization. Conversely, the globalization of law, and more importantly, local responses to it, can offer an opportunity to access a broader landscape of laws leading to adaptation, transformation, and new forms of governance. Older forms of law and regulation can be resurrected, reinvigorated, and reinvented in order to achieve contemporary goals and address current issues. This transformative process can be started from above but must also be locally driven from below.

Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies Robert J. Miller, Jacinta Ruru, Larissa Behrendt, and Tracey Lindberg

Published in print: 2010 Published Online: Publisher: Oxford University Press September 2010 DOI: 10.1093/ ISBN: 9780199579815 eISBN: 9780191594465 acprof:oso/9780199579815.001.0001 Item type: book

England explored and colonized the United States, Australia, New Zealand, and Canada under the authority of an international law called the Doctrine of Discovery. When Europeans set out to exploit and expropriate the lands, commercial, governmental, and human rights of the indigenous peoples of Australia, Canada, New Zealand, and the Page 5 of 6

United States in the 15th through to the 20th centuries, they justified their sovereignty and claims over these territories and over indigenous peoples with the Discovery Doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and races of the world. The Doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of indigenous peoples and gained political and commercial rights over the indigenous inhabitants. The United States Supreme Court expressly adopted Discovery in 1823 in Johnson v. M'Intosh. This case and the Doctrine of Discovery has been cited and relied on by Australian, Canadian, New Zealand, and United States governments, courts, and colonists. The English colonial governments and colonists in all four countries utilized Discovery principles and arguments, and these governments continue to use Discovery today to exercise legal powers over indigenous peoples. The elements of Discovery were not applied in the exact same manner and at the exact same time periods in all four countries, but the similarities of the use of Discovery are striking and not the least bit surprising since the Doctrine was English colonial law. Viewing Australian, Canadian, New Zealand, and American history and law in light of the international law Doctrine of Discovery creates a more complete understanding of all four countries and of what colonial law has done to indigenous lands.

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