Reparations for Neglect of Indigenous Land Rights at the Intersection of Domestic and International Law—The Maya Cases in the Supreme Court of Belize

2008 ◽  
pp. 567-603
Author(s):  
S James Anaya
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Land Rights ◽  
The Supreme Court ◽  
Indigenous Land Rights ◽  
Indigenous Land

scholarly journals Indigenous Title and its Contextual Economic Implications: Lessons for International Law From Canada’s Tsilhqot’in Decision

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 215-219 ◽  
Author(s):  
Dwight Newman
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Land Rights ◽  
Supreme Court Of Canada ◽  
Economic Implications ◽  
The Supreme Court ◽  
Indigenous Land Rights ◽  
International Instruments ◽  
Indigenous Land

International law on the rights of Indigenous peoples has developed rapidly in recent decades. In the latest phase of this development, international instruments on the rights of Indigenous peoples have increasingly offered universalized statements. However, the reality remains that the implementation of Indigenous rights must take place in particular circumstances in particular states. The form of domestic implementation of Indigenous rights may or may not connect closely to international law statements on these rights, and there may be good reasons for that. This essay takes up a particular example of Indigenous land rights and a significant recent development on land rights in the Supreme Court of Canada.

The contractualisation of public international law

2021 ◽  
Vol 17 (1) ◽  
pp. 100-106
Author(s):  
Ilias Bantekas
Keyword(s):  
International Law ◽  
Land Rights ◽  
Short Paper ◽  
Public International Law ◽  
Transnational Law ◽  
Parliamentary Sovereignty ◽  
Indigenous Land Rights ◽  
Private Actors ◽  
Domestic Law ◽  
Indigenous Land

This short paper intends to set out a general theory underpinning the process of contractualisation of public international law. In doing so, it explains that this has chiefly been engineered through the establishment of a third sphere of regulation – in addition to the spheres of domestic law(s) and international law – namely transnational law. Both private actors and states operate through this sphere, chiefly because of its flexibility, decreased transaction costs and access to capital (which is scarce in the other two spheres). These benefits of transacting in the transnational-law sphere and the contractualisation of pertinent relationships come at a cost. Such a cost, from the perspective of human rights and parliamentary sovereignty, is explored by reference to two case-studies. The second of these, on the outsourcing of indigenous land rights, is predicated on the research and observations offered by Bhatt (2020).

Private International Law

2018 ◽  
Author(s):  
V.C. Govindaraj
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Application Of Law ◽  
Cross Border ◽  
Corrective Measures ◽  
The Supreme Court ◽  
The Law

In deciding cases of private international law or conflict of laws, as it is widely known, judges of the Supreme Court in India generally consult the works of renowned English jurists like Dicey and Cheshire. This volume argues that our country should have its own system of resolving inter-territorial issues with cross-border implications. The author critically analyses cases covering areas such as the law of obligations, the law of persons, the law of property, foreign judgments, and foreign arbitral awards. The author provides his perspectives on the application of law in each case. The idea is to find out where the judges went wrong in deciding cases of private international law, so that corrective measures can be taken in future to resolve disputes involving complex, extra-territorial issues.

Indigenous Planning: From Forced Assimilation to Self-determination

2021 ◽  
pp. 088541222110266
Author(s):  
Michael Hibbard
Keyword(s):  
Indigenous Peoples ◽  
Settler Colonialism ◽  
Land Rights ◽  
Self Determination ◽  
Indigenous Cultures ◽  
Indigenous Planning ◽  
Indigenous Land Rights ◽  
Indigenous Land

Interest in Indigenous planning has blossomed in recent years, particularly as it relates to the Indigenous response to settler colonialism. Driven by land and resource hunger, settler states strove to extinguish Indigenous land rights and ultimately to destroy Indigenous cultures. However, Indigenous peoples have persisted. This article draws on the literature to examine the resistance of Indigenous peoples to settler colonialism, their resilience, and the resurgence of Indigenous planning as a vehicle for Indigenous peoples to determine their own fate and to enact their own conceptions of self-determination and self-governance.

Public Committee Against Torture in Israel v. Government of Israel. Case No. HCJ 769/02

2007 ◽  
Vol 101 (2) ◽  
pp. 459-465 ◽  
Author(s):  
Daniel Bodansky ◽  
Orna Ben-Naftali ◽  
Keren Michaeli
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Armed Conflicts ◽  
Direct Part ◽  
Customary International Law ◽  
High Court ◽  
Additional Protocol ◽  
Court Of Justice ◽  
The Supreme Court

Public Committee Against Torture in Israel v. Government of Israel. Case No. HCJ 769/02. At <http://elyonl.court.gov.il/files_eng/02/690/007/a34/02007690.a34.pdf>.Supreme Court of Israel, sitting as the High Court of Justice, December 13, 2006.In Public Committee Against Torture in Israel v. Government of Israel1 Targeted Killings) the Supreme Court of Israel, sitting as the High Court of Justice, examined the legality of Israel's “preventative targeted killings” of members of militant Palestinian organizations. The Court's unanimous conclusion reads:The result of the examination is not that such strikes are always permissible or that they are always forbidden. The approach of customary international law applying to armed conflicts of an international nature is that civilians are protected from attacks by the army. However, that protection does not exist regarding those civilians “for such time as they take a direct part in hostilities” (§51(3) of [Additional Protocol I]). Harming such civilians, even if the result is death, is permitted, on the condition that there is no less harmful means, and on the condition that innocent civilians are not harmed. Harm to the latter must be proportional. (Para. 60)

Justice and Indigenous Land Rights

Inquiry ◽  
1998 ◽  
Vol 41 (2) ◽  
pp. 187-205 ◽  
Author(s):  
Susan Dodds
Keyword(s):  
Land Rights ◽  
Indigenous Land Rights ◽  
Indigenous Land
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