Artykuły w czasopismach: „Indigenous law”

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Rosen, Lawrence. "Law and Indigenous Peoples". Law & Social Inquiry 17, nr 02 (1992): 363–71. http://dx.doi.org/10.1111/j.1747-4469.1992.tb00617.x.

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Vorster, L. P. "Indigenous law and development". Development Southern Africa 2, nr 1 (luty 1985): 38–43. http://dx.doi.org/10.1080/03768358508439121.

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Joseph, Samantha, i Robyn Ayres. "Current Indigenous Arts Law Issues". Media International Australia 114, nr 1 (luty 2005): 54–60. http://dx.doi.org/10.1177/1329878x0511400107.

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This paper provides a snapshot of recent developments affecting Indigenous artists and their communities, with a focus on Indigenous communal moral rights, resale rights and Indigenous protocols. Whilst there is an appreciation of the value that Indigenous art and culture provides both domestically and internationally, there appears to be resistance to introducing legislation or schemes to ensure Indigenous artists and their communities benefit financially.

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Birnie, P. W. "Indigenous peoples in international law". International Affairs 73, nr 3 (lipiec 1997): 566–67. http://dx.doi.org/10.2307/2624292.

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Vanegas, Farid Samir Benavides. "Indigenous Resistance and the Law". Latin American Perspectives 39, nr 1 (5.10.2011): 61–77. http://dx.doi.org/10.1177/0094582x11423221.

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Moore, Sally Falk, Bradford W. Morse i Gordon R. Woodman. "Indigenous Law and the State." Man 24, nr 3 (wrzesień 1989): 543. http://dx.doi.org/10.2307/2802730.

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Joseph, Samantha, i Robyn Ayres. "Current Indigenous Arts Law Issues". Alternative Law Journal 29, nr 3 (czerwiec 2004): 143–44. http://dx.doi.org/10.1177/1037969x0402900308.

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Marquardt, Stephan. "International law and indigenous peoples". International Journal on Minority and Group Rights 3, nr 1 (1995): 47–76. http://dx.doi.org/10.1163/157181195x00039.

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AbstractIndigenous people- international law - self-determination. In recent years, indigenous people have become increasingly active at the international level. Recent developments, in particular the drafting of a UN declaration on the rights of indigenous peoples, indicate that new rules of international law may be emerging from this process. The new developments raise the question of the legal status of indigenous peoples. This question has essentially two elements: whether indigenous peoples may claim sovereign rights and whether the right to self-determination of peoples is applicable to them. A number of arguments suggest that a positive answer may be given to these two questions. An important aspect in this context is that indigenous peoples should be distinguished from minorities.

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Kottakkunnummal, Manaf. "Indigenous Customs and Colonial Law". SAGE Open 4, nr 1 (7.01.2014): 215824401452541. http://dx.doi.org/10.1177/2158244014525416.

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Rocher, Ludo, i Masaji Chiba. "Asian Indigenous Law in Interaction with Received Law". Journal of the American Oriental Society 109, nr 2 (kwiecień 1989): 317. http://dx.doi.org/10.2307/604454.

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Lingaas, Carola. "Indigenous Customary Law and Norwegian Domestic Law: Scenes of a (Complementary or Mutually Exclusive) Marriage?" Laws 11, nr 2 (4.03.2022): 19. http://dx.doi.org/10.3390/laws11020019.

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Articles 27 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) recognise Indigenous Peoples’ laws. Art. 34 gives Indigenous Peoples the right to maintain their juridical systems or customs in accordance with international human rights standards. Although the UNDRIP is soft law, its core is arguably customary law and, therefore, a binding source of law. For States with Indigenous People, such as Norway, the UNDRIP is of paramount importance, from a legal, political, and not least moral perspective. This paper discusses norm hierarchies and tensions that are created in the meeting between the Indigenous customary law of the Sámi and statutory domestic Norwegian law. The introduction of customary, commonly unwritten, Indigenous rules into the judicial portfolio of a State creates an obvious challenge: what is their legal status? Can Indigenous law set aside domestic statutory norms? Some might argue that due to historical wrong, Indigenous law should always take precedence when domestic law conflicts with it. While Norwegian domestic law acknowledges the precedence of certain core human rights treaties over domestic laws, the same is not valid for Indigenous rights. How then should Indigenous custom be dealt with before a court of law, and how do the different legal systems relate to each other? This paper is foremost based on theoretical, to a lesser degree also on empirical material. It discusses on a general level the relationship between different legal systems within the same State and, on a specific level, the dealing of the Norwegian courts with Sámi Indigenous laws and customs.

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Borrows, John. "Heroes, Tricksters, Monsters, and Caretakers: Indigenous Law and Legal Education". McGill Law Journal 61, nr 4 (22.12.2016): 795–846. http://dx.doi.org/10.7202/1038489ar.

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Teaching Indigenous peoples’ own law in Canadian law schools presents significant challenges and opportunities. Materials can be organized in conventional or innovative ways. This article explores how law professors and others might best teach Indigenous peoples’ law. Questions canvassed include: whether Indigenous peoples’ law should primarily be taught in Indigenous communities, whether such law should even be taught in law schools, whether it is possible to categorize Indigenous peoples’ law or teach it in English, and whether it is possible to theorize Indigenous peoples’ law within a single framework or organize the subject within common law categories. While this article suggests that Indigenous peoples’ law can be discussed in numerous ways, including within conventional law school frameworks, it emphasizes that such law is best taught in other ways. Indigenous legal traditions should be organized in accordance with Indigenous frameworks. Some of these frameworks include Heroes, Tricksters, Monsters, and Caretakers. Using these Anishinaabe law examples, this article stresses how the teaching of Indigenous peoples’ law should be done in culturally appropriate ways that open rather than confine fields of inquiry within Indigenous law and practice.

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Chisholm, Rhianna, Tamara Tulich i Harry Blagg. "Indigenous young people with foetal alcohol spectrum disorders: The convention on the rights of persons with disabilities and reform to the law governing fitness to stand trial in Western Australia". Law in Context. A Socio-legal Journal 35, nr 2 (1.12.2017): 85–107. http://dx.doi.org/10.26826/law-in-context.v35i2.19.

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article examines the place of the Convention on the Rights of Persons with Disabilities in relation to reform of Western Australian law governing fitness to stand trial, with a particular focus on Indigenous youth with Foetal Alcohol Spectrum Disorders (FASD). This article considers whether and how the Convention might be relied upon to improve outcomes for Indigenous youth with FASD, particularly through its promotion of a social model of disability. We argue that the social model of disability embodied in the Convention can only take us so far, and that many of the aspirations of the Convention regarding disability neutrality may, in fact, be counterproductive for Indigenous youth, rendering culture invisible and denying the colonial underpinnings of the disability in Indigenous communities. The Convention must be read 'in tension' with the United Nations Declaration on the Rights of Indigenous Peoples and with Indigenous knowledge. We argue that an appropriate response requires decolonising the justice system to break down the barriers that prevent Indigenous young people with FASD from participating on an equal basis. To do so, the role of colonisation in the production of impairment and disability must be acknowledged, and law reform must facilitate community-owned solutions - placing Indigenous organisations and practices at the centre, rather than the periphery, of intervention.

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Labba, Kristina. "Sámi Law: A Methodological Approach1". Arctic Review on Law and Politics 11 (2020): 215. http://dx.doi.org/10.23865/arctic.v11.2431.

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Sámi law is the law of the Indigenous Sámi people. The territory where Sámi have historically lived is called Sápmi and encompasses parts of Norway, Sweden, Finland, and Russia. This article builds on the premise that Sámi law exists in Sápmi, in parallel with national laws. However, in terms of methodology and content, the scope of research on Sámi law compared to research about Indigenous law in Canada is limited. This article first describes an Indigenous law research methodology which approaches stories as a source of Indigenous law. The methodology was developed in Canada and applied to the Canadian Access to Justice and Reconciliation Project. The article then discusses this research methodology in relation to Sámi law.

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Wiguna, Made Oka Cahyadi. "Pemikiran Hukum Progresif untuk Perlindungan Hukum dan Kesejahteraan Masyarakat Hukum Adat". Jurnal Konstitusi 18, nr 1 (27.05.2021): 112. http://dx.doi.org/10.31078/jk1816.

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Today there are still many problems with the existence and traditional rights of indigenous and tribal peoples. These problems tend to place the indigenous and tribal peoples in a weak and marginalized position. Not without reason, it is due to the unequal perception of all related parties, in positioning customary land and indigenious peoples in the context of national and state life based on Pancasila and the Constitution. The issue that will be discussed in this paper is about how to realize progressive legal protection of the existence of indigenous and tribal peoples to realize their welfare. This paper will use the conceptual approach method, namely the Pancasila concept as a source of ideas in providing legal protection to indigenous and tribal peoples. Furthermore, it also uses a conceptual approach from thought of progressive law. The existence of the status quo in providing legal protection to indigenous and tribal peoples which tends to be static, conditional and legalistic which has been done so far. Legal protection is more concerned with how the criteria regarding indigenous and tribal peoples will be recognized. The state should have dared to make policy and legal breakthroughs to provide legal protection based on guidance and empowerment. These policy and legal breakthroughs can refer to thougt of progressive law, which positions the law for humans with the aim of providing justice, welfare and happiness for indigenous and tribal peoples based on Pancasila and the Constitution.

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Melville, Angela. "Educational Disadvantages and Indigenous Law Students: Barriers and Potential Solutions". Asian Journal of Legal Education 4, nr 2 (lipiec 2017): 95–115. http://dx.doi.org/10.1177/2322005817700202.

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Indigenous students are under-represented in Australian universities, including in law school, and have lower educational outcomes relative to non-Indigenous students. First, this article identifies systemic barriers that prevent Indigenous students from enrolling in law school, including entrenched educational disadvantage that prevents many Indigenous students from achieving the grades necessary for university entry. Indigenous students who overcome this disadvantage and enrol in law schools then face higher attrition rates relative to non-Indigenous law students. Indigenous students find law schools to be intimidating, unfamiliar and alienating environments. Law schools privilege a narrow Western model of legal education that continues to deny Indigenous understandings of the law. Second, this article identifies potential solutions that may assist in addressing these barriers. These include alternative entry schemes, building pathways between vocational training and universities and engaged outreach programmes for assisting Indigenous students into higher education. Academic, social and financial support is required to address attrition rates; however, solutions need to go deeper than the provision of additional assistance. This article argues for the need to Indigenize legal education, and for the curriculum to consider law as pluralistic and embedded in power relations, and to provide the focus on social justice which motivates many Indigenous students to study law in the first place.

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Roach, Kent. "Improving Law Enforcement and Indigenous Relations". Journal of Intelligence, Conflict, and Warfare 4, nr 1 (14.06.2021): 153–56. http://dx.doi.org/10.21810/jicw.v4i1.2841.

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On February 18, 2021, the Canadian Association for Security and Intelligence Studies (CASIS) Vancouver hosted its second digital roundtable of 2021, where Law Professor, Kent Roach from the University of Toronto presented on Improving Law Enforcement and Indigenous Relations. The presentation was followed by a question and answer period with questions from the audience and CASIS executives.

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Anker, Kirsten. "Teaching ‘Indigenous Peoples and the Law’". Alternative Law Journal 33, nr 3 (wrzesień 2008): 132–36. http://dx.doi.org/10.1177/1037969x0803300301.

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Macpherson, Elizabeth. "Indigenous Water Rights in Comparative Law". Transnational Environmental Law 9, nr 3 (listopad 2020): 393–402. http://dx.doi.org/10.1017/s2047102520000291.

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At the end of the 2015 Academy Award-winning film The Big Short, which explores the origins of the 2008 Global Financial Crisis, a caption notes that the Wall Street investor protagonist of the film who predicted the collapse of the United States (US) housing market would now be ‘focused on one commodity: water’. Water is sometimes described in popular culture as ‘the new oil’ or ‘more valuable than gold’. It is predicted to be the subject of increasing uncertainty, competition, conflict, and even war, as increasing demand from a growing human population and development meets reduced supply as a result of poor management, overuse, and climate change.

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Anaya, S. James. "Indigenous Peoples and International Law Issues". Proceedings of the ASIL Annual Meeting 92 (1998): 96–99. http://dx.doi.org/10.1017/s0272503700057670.

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Svensson, Tom G. "Indigenous Rights and Customary Law Discourse". Journal of Legal Pluralism and Unofficial Law 34, nr 47 (styczeń 2002): 1–35. http://dx.doi.org/10.1080/07329113.2002.10756562.

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Richardson, Benjamin J. "Indigenous Peoples, International Law and Sustainability". Review of European Community and International Environmental Law 10, nr 1 (kwiecień 2001): 1–12. http://dx.doi.org/10.1111/1467-9388.00256.

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Saaresranta, Tiina. "Indigenous Law and the Protection of Indigenous Peoples’ Rights in Ecuador". Human Rights in Development Online 9, nr 1 (2003): 127–70. http://dx.doi.org/10.1163/22116087-90000006.

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Årsheim, Helge. "Including and Excluding Indigenous Religion through Law". Numen 65, nr 5-6 (29.08.2018): 531–61. http://dx.doi.org/10.1163/15685276-12341511.

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Abstract Across the world, indigenous peoples enjoy unprecedented access to international, regional, and domestic legal remedies to gain protections for their religious, spiritual, and customary identities, beliefs, and practices through a wide spectrum of judicial platforms. These remedies provide a broad, inclusive, and “intersectional” vocabulary for indigenous peoples to formulate their rights claims. Despite the growing interest in research on law and religion and the recognition that international human rights law is vital to the formulation of indigenous rights claims, the nature, scope, and effects of the proliferation of international norms protecting “indigenous religion” has so far not been subject to extensive research. Seeking to address this lacuna in the literature, this article explores the extent to which indigenous peoples involved in two recent Supreme Court decisions in Canada and Norway have chosen to rely on the available vocabulary for the formulation of rights claims related to “indigenous religion.”

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Cespedes, Rodrigo. "Indigenous autonomy and justice for latin american Indigenous women". REVISTA CUHSO 30, nr 1 (23.07.2020): 126–44. http://dx.doi.org/10.7770/cuhso-v30n1-art2116.

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My paper deals with indigenous peoples’ rights, focusing on Latin American case-law related to gender issues. Latin American Courts have faced cases related to sexual crimes or domestic violence among indigenous people and have to choose between giving pre-eminence to women’s rights or indigenous autonomy. On deciding those cases, the tools provided by the proportionality test are paramount in order to analyse the case-law. The indigenous rights regimes (ILO-169, UNDRIP) may prevail or not against other human rights systems (which specially protect women or children) according to the facts of the case, but also according to domestic legal cultures modelled by the country’s historical evolution.

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Cespedes, Rodrigo. "Indigenous autonomy and justice for latin american Indigenous women". REVISTA CUHSO 30, nr 1 (23.07.2020): 126–44. http://dx.doi.org/10.7770/cuhso.v30i1.2116.

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My paper deals with indigenous peoples’ rights, focusing on Latin American case-law related to gender issues. Latin American Courts have faced cases related to sexual crimes or domestic violence among indigenous people and have to choose between giving pre-eminence to women’s rights or indigenous autonomy. On deciding those cases, the tools provided by the proportionality test are paramount in order to analyse the case-law. The indigenous rights regimes (ILO-169, UNDRIP) may prevail or not against other human rights systems (which specially protect women or children) according to the facts of the case, but also according to domestic legal cultures modelled by the country’s historical evolution.

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Rāwiri, Āneta Hinemihi. "Te Awa Tupua, Indigenous Law and Decolonisation". Victoria University of Wellington Law Review 53, nr 3 (31.10.2022): 431–62. http://dx.doi.org/10.26686/vuwlr.v53i3.7998.

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Worldwide, Indigenous peoples are building an emerging area of law which can be described as Indigenous jurisprudence. Indigenous jurisprudence is firmly grounded in a legal philosophy that conveys an Indigenous consciousness of all life existing as expressions of sacred life energy. All life, including people, are also children and grandchildren of Grandfather Universe and Grandmother Earth. All life are therefore close and revered kin who coexist interdependently. This article describes the Indigenous law that underpins the Te Awa Tupua Agreement. For Whanganui Iwi, the agreement is a first step towards decolonising New Zealand and its nation state. Decolonisation will be achieved when the natural world determines New Zealand's constitutional framework, and New Zealand's nation state and our Whanganui Iwi nationhood—and our respective legal and governance systems—coexist interdependently.

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Dudgeon i Bray. "Indigenous Relationality: Women, Kinship and the Law". Genealogy 3, nr 2 (26.04.2019): 23. http://dx.doi.org/10.3390/genealogy3020023.

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Strong female governance has always been central to one of the world’s oldest existing culturally diverse, harmonious, sustainable, and democratic societies. Aboriginal and Torres Strait Islander women’s governance of a country twice the size of Europe is based on complex laws which regulate relationships to country, family, community, culture and spirituality. These laws are passed down through generations and describe kinship systems which encompass sophisticated relations to the more-than-human. This article explores Indigenous kinship as an expression of relationality, culturally specific and complex Indigenous knowledge systems which are founded on a connection to the land. Although Indigenous Australian women’s kinships have been disrupted through dispossession from the lands they belong to, the forced removal of their children across generations, and the destruction of their culture, community and kinship networks, the survival of Indigenous women’s knowledge systems have supported the restoration of Indigenous relationality. The strengthening of Indigenous women’s kinship is explored as a source of social and emotional wellbeing and an emerging politics of environmental reproductive justice.

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Mills, Aaron. "The Lifeworlds of Law: On Revitalizing Indigenous Legal Orders Today". McGill Law Journal 61, nr 4 (22.12.2016): 847–84. http://dx.doi.org/10.7202/1038490ar.

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What ultimately counts as law and as the legitimate processes of its generation, adjustment, and destruction are both empowered and constrained by the constitutional order from which they derive life. A constitutional framework, in turn, reflects unique understandings about what there is and how one can know: a lifeworld. Reflecting on his own experience, the author emphasizes how legal education harms when it fails to acknowledge and to begin to articulate the lifeworld beneath any system of law it aims to impart. There are serious questions to be taken up in considering whether we may move law between constitutional contexts without subjugating the law of one community to the lifeworld of another. The author asserts this is particularly important with respect to Canadian law schools’ recent interest in teaching Indigenous peoples’ own systems of law. He argues that Canadian (liberal) and Indigenous (what he calls “rooted”) constitutionalisms are not only different, but different in kind. As such, efforts to articulate Indigenous law within the forms of liberal constitutionalism ignore or trivialize the ongoing significance of Indigenous lifeworlds to governance of Indigenous lives today. Many Indigenous legal scholars are adverting to this tension, moving on from simply making space for Indigenous law in the academy to asking whether and how this may be done. The author briefly canvasses Indigenous theorists (students, professors, lawyers, and elders) whose works present Indigenous systems of law within their own lifeworlds. Tracking the lifeworld-law relationship, he proposes three reforms to legal education in Canada: (1) teach that all law is storied; (2) teach that Canadian constitutional law is a species of liberal constitutionalism; (3) require students to enrol in a prerequisite on an Indigenous people’s constitutional order before enrolling in a course on their law. By way of example, he concludes with the syllabus for an intensive course he designed and taught on Anishinaabe constitutionalism.

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Sulbadana, Sulbadana, Irwansyah Irwansyah i Hatta Roma Tampubolon. "The International Law Perspective of Welfare against Indigenous People in the Omnibus Law on Job Creation". SASI 28, nr 4 (30.12.2022): 647. http://dx.doi.org/10.47268/sasi.v28i4.1160.

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Introduction: Indigenous peoples attach customary rights to themselves, namely rights owned by a legal alliance (such as Lipu, Boya, Ngata, Banua, etc.), where the citizens of the community (the legal alliance) have the right to control the land, the implementation of which is regulated by the head of the guild (the chief/village head concerned). Based on this right, the customary rights of indigenous peoples are basic rights inherent in the life of these people that are not a gift from the state. It is the same with the basic rights inherent in every human being, for example the right to life, which is not a gift of the state.Purposes of the Research: Review and analyze international law relating to the welfare of Indigenous Peoples in the Omnibus Law on Job Creation.Methods of the Research: Its legal position in the Job Creation Law which has the character of omnibus law through juridical studies with a philosophical approach, conceptual approach, and a statutory approach.Results of the Research: The right of indigenous peoples which is essentially the right to the value of justice and welfare value to the use of natural resources of indigenous peoples who not yet the maximum expected in the job creation law can provide justice and welfare for indigenous peoples over exploited customary territories.

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Lee, Taryn. "The Rights Granted to Indigenous Peoples under International Law". International Community Law Review 18, nr 1 (23.02.2016): 53–71. http://dx.doi.org/10.1163/18719732-12341321.

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Indigenous peoples in Australia have been adversely affected by the process of colonisation by the British Crown. Despite Australia’s adoption of the United Nations Declaration on the Rights of Indigenous Peoples (‘Declaration’), there is little evidence that it is an effective means of redressing the historical wrongs suffered by Indigenous communities in Australia. This essay outlines the experience of Indigenous peoples in Australia and examines the utility of the Declaration in international law. While observing that Indigenous peoples have had limited engagement with the Declaration, there is still potential for the Declaration to affect change through its underpinning principles of the right to self-determination and the status of Indigenous peoples as distinct political groups.

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Napoleon, Val. "Did I Break It? Recording Indigenous (Customary) Law". Potchefstroom Electronic Law Journal 22 (12.12.2019): 1–35. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a7588.

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In this paper, I explore several issues emerging in the discourse about the recording of indigenous law by drawing on several examples of my research and work with indigenous law in Canada. This is an important inquiry because there are limiting and disturbing fundamentalist premises underlying the debate regarding the recording of indigenous law. To take up these issues, I analyse and articulate the law and legal processes from two indigenous oral histories. The question under consideration is whether by this recording and analysis, I have somehow damaged Gitxsan law. In other words, did I break it?

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Yahya, Taufik, i Fauzi Syam. "RETHINKING THE ROLE OF INDIGENOUS LAW COMMUNITY IN MANAGING INDIGENOUS FOREST IN JAMBI PROVINCE". Jambe Law Journal 1, nr 1 (9.07.2018): 35–54. http://dx.doi.org/10.22437/home.v1i1.1.

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This paper examines the synchronization of legal regulations in forestry, green farming, and mining sectors along with their implementation regulations. The certainties of the existence of customary law community in Legal Acts No. 41 year 1999 concerning Forestry does not give certainties for customary law community in managing forest in Indonesia. Meanwhile, Legal Acts No. 6 year 2014 about Village stresses out that there is a specific acknowledgement about local customary village as a part of Customary Law Community. In the Legal Acts about Village, the establishment of Customary Law Community is strongly stated in provincial government regulations. This paradox has brought a bad consequence to customary forest that is managed by customary law communities in Jambi province.

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Yahya, Taufik, i Fauzi Syam. "RETHINKING THE ROLE OF INDIGENOUS LAW COMMUNITY IN MANAGING INDIGENOUS FOREST IN JAMBI PROVINCE". Jambe Law Journal 1, nr 1 (9.07.2018): 35–54. http://dx.doi.org/10.22437/jlj.1.1.35-54.

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This paper examines the synchronization of legal regulations in forestry, green farming, and mining sectors along with their implementation regulations. The certainties of the existence of customary law community in Legal Acts No. 41 year 1999 concerning Forestry does not give certainties for customary law community in managing forest in Indonesia. Meanwhile, Legal Acts No. 6 year 2014 about Village stresses out that there is a specific acknowledgement about local customary village as a part of Customary Law Community. In the Legal Acts about Village, the establishment of Customary Law Community is strongly stated in provincial government regulations. This paradox has brought a bad consequence to customary forest that is managed by customary law communities in Jambi province.

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Sinaga, Ginora Roma Ida, Bambang Daru Nugroho i Fatmi Utarie Nasution. "Inheritance Dispute Resolution Related to the Position of Adopted Son Based on Batak Toba Indigenous Law". SIGn Jurnal Hukum 4, nr 1 (17.04.2022): 1–14. http://dx.doi.org/10.37276/sjh.v4i1.128.

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This study aims to examine and analyze inheritance dispute resolution related to the position of adopted son based on Batak Toba indigenous law. This research was conducted using a normative juridical approach with analytical descriptive specifications. The data obtained were then analyzed using qualitative juridical methods. The results show that the indigenous inheritance law positions the adopted son on par with the biological son. Suppose there is an inheritance dispute between the adopted son and the biological child. In that case, the inheritance dispute resolution based on the Batak Toba indigenous law can go through three stages: family deliberation, indigenous institutions, and the courts are the final stage or step that must be chosen. Most of the Batak Toba indigenous people choose dispute resolution through indigenous institutions. In this case, the chance of failure of agreement in dispute resolution through indigenous institutions is tiny because indigenous institutions involve indigenous leaders who understand and control the Batak Toba indigenous law. Therefore, it is recommended to all Batak Toba indigenous people who are in dispute to carry out a resolution through three stages based on the Batak Toba indigenous law. In addition, it is hoped that all Batak Toba indigenous community elements will supervise the implementation of dispute resolution decisions, considering that Batak Toba indigenous people prioritize and uphold the values of kinship and peace in dispute resolution.

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Allen, Stephen. "Recent Books on Human Rights and Groups Review Essays International Law and the Evolution of Indigenous Rights". International Journal on Minority and Group Rights 15, nr 1 (2008): 117–31. http://dx.doi.org/10.1163/138548708x272546.

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AbstractThe recent adoption of the United Nations (UN) Declaration on the Rights of Indigenous Peoples has reinvigorated the discourse on indigenous rights. This essay reviews three books – Xanthaki's Indigenous Rights and United Nations Standards: Self-Determination, Culture and Land; Gilbert's Indigenous Peoples' Land Rights Under International Law: From Victims to Actors; and Rodriguez-Pinero's Indigenous Peoples, Postcolonialism and International Law: The ILO Regime (1919–1989) – that illustrate the way in which indigenous rights have evolved at the supranational level. Moreover, in their different ways, these important books highlight the conditions of possibility for indigenous peoples at a critical stage in the development of indigenous rights in international law.

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Recht, Jo. "Hearing Indigenous Voices, Protecting Indigenous Knowledge". International Journal of Cultural Property 16, nr 3 (sierpień 2009): 233–54. http://dx.doi.org/10.1017/s0940739109990166.

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AbstractIn a rapidly globalizing world, indigenous knowledge is in mortal danger, and it will require new forms of intellectual property protection to save it. There are fundamental incongruities between Western intellectual property law and indigenous knowledge that prevent the current international intellectual property framework from fully comprehending or addressing the contexts and needs of indigenous knowledge. This article will review the history of international and regional initiatives to develop protection for indigenous knowledge. It will consider the geopolitical context that has informed discussions about protecting the intangible wealth of indigenous peoples, including the recent addition of articulate and impassioned indigenous voices to the conversation. Finally, this article will discuss some of the concerns that have been raised about subjecting indigenous knowledge to a system of formal legal regulation.

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Wildcat, Matthew. "Wahkohtowin in Action". Constitutional Forum / Forum constitutionnel 27, nr 1 (15.03.2019): 13–24. http://dx.doi.org/10.21991/cf29370.

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From a Canadian legal standpoint, a common concern expressed about Indigenous law is that it is difficult to track down. As Hadley Friedland summarizes, “even people who want to engage more deeply with Indigenous legal traditions struggle to understand how to do so.” In response, Friedland has proposed a case law method that allows Indigenous communities and legal practitioners to access Indigenous law. I believe the case law method can be valuable, but I hope to provide an illustration of the operation of Indigenous law by looking at how the Cree/Metis principle of wahkohtowin was infused through the work of the Maskwacîs Education Schools Commission (MESC).

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Rahman, Irham, i Rizki Yudha Bramantyo. "Legal protection against the existence of "Wetu Telu" traditional society against law number 11/2020 concerning work creation (omnibus law)". International research journal of management, IT and social sciences 8, nr 1 (12.12.2020): 19–24. http://dx.doi.org/10.21744/irjmis.v8n1.1067.

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The Wetu Telu indigenous people in Bayan, North Lombok have the traditions of their ancestors that have Islamic nuances and their existence is recognized until now. The existence of indigenous peoples has been recognized and respected by the 1945 Constitution. However, the existence of new laws and regulations on indigenous peoples has again encountered problems that threaten their existence. The Omnibus Law which was recently passed is considered to provide a legal loophole that could displace the existence of indigenous peoples. The purpose of this research is to find out the legal problems of the threat to the existence of the Wetu Telu indigenous people and to know the concept of the Work Creation Act (Omnibus Law) in Bayan Village, North Lombok Regency, West Nusa Tenggara. This research uses juridical empirical or socio-legal research, which is a type of sociological legal research or field research that examines applicable legal provisions. The results of this study show that the normative issue of the Omnibus Law can lead to norm conflicts with other laws regarding the recognition of indigenous peoples in Indonesia.

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Bacca, Paulo Ilich. "Indigenizing International Law and Decolonizing the Anthropocene: Genocide by Ecological Means and Indigenous Nationhood in Contemporary Colombia". Maguaré 33, nr 2 (1.07.2019): 139–69. http://dx.doi.org/10.15446/mag.v33n2.86199.

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This article displays the idea of indigenizing international law by recognizing indigenous law as law. Transforming international law becomes possible by directing indigenous jurisprudences to it —I call this process inverse legal anthropology—. Based on inverse legal anthropology, i present a case study on the ongoing genocide of Colombian indigenous peoples in the age of the global ecology of the Anthropocene. I also explain the political consequences of valuing indigenous cosmologies regarding their territories. While mainstream representations of indigenous territories include the topographic and biologic dimensions of the earth’s surface, they forget the pluriverse of organic and inorganic beings that make and negotiate their social living together with indigenous peoples, and their ecological and spiritual relationships.

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Delaney, Danielle. "Under Coyote’s Mask: Environmental Law, Indigenous Identity, and #NoDAPL". Michigan Journal of Race & Law, nr 24.2 (2019): 299. http://dx.doi.org/10.36643/mjrl.24.2.under.

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This Article studies the relationship between the three main lawsuits filed by the Standing Rock Sioux Tribe, the Cheyenne River Sioux Tribe, and the Yankton Sioux Tribe against the Dakota Access Pipeline (DaPL) and the mass protests launched from the Sacred Stone and Oceti Sakowin protest camps. The use of environmental law as the primary legal mechanism to challenge the construction of the pipeline distorted the indigenous demand for justice as U.S. federal law is incapable of seeing the full depth of the indigenous worldview supporting their challenge. Indigenous activists constantly re-centered the direct actions and protests within indigenous culture to remind non-indigenous activists and the wider media audience that the protests were an indigenous protest, rather than a purely environmental protest, a distinction that was obscured as the litigation progressed. The NoDAPL protests, the litigation to prevent the completion and later operation of the pipeline, and the social movement that the protests engendered, were an explosive expression of indigenous resistance—resistance to systems that silence and ignore indigenous voices while attempting to extract resources from their lands and communities. As a case study, the protests demonstrate how the use of litigation, while often critical to achieving the goals of political protest, distorts the expression of politics not already recognized within the legal discourse.

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Rado, Rudini Hasyim, i Marlyn Jane Alputila. "Relevansi Hukum Adat Kei Larvul Ngabal Dalam Pembaharuan Hukum Pidana Nasional". Jurnal Hukum Ius Quia Iustum 29, nr 3 (1.09.2022): 591–610. http://dx.doi.org/10.20885/iustum.vol29.iss3.art6.

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This research focuses on exploring and elevating the values of Kei Larvul Ngabal indigenous law in criminal law reform, by proposing 2 (two) problem formulations. First, how is the existence of Larvul Ngabal indigenous law in the Kei community? Second, how is the relevance of the Kei indigenous criminal law in the reform of the national criminal law? The research method used is normative juridical by reviewing written and unwritten criminal laws and regulations. While the data analysis is inductive and qualitative. It is concluded that the indigenous law of Larvul Ngabal and Sasa Sor Fit is an indigenous criminal law that is agreed upon and is binding on the community, hence if it is violated, it is subject to indigenous sanctions in the form of fines, dada, and gong. Included in the drafting of the Criminal Code without reducing the nature of the material legality principle, if there are several customary laws of Larvul Ngabal including maryain vo ivun (sexual intercourse outside of marriage resulting in pregnancy) it can be reconsidered to contribute to the ius constituendum of future criminal law.

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Barsh, Russel Lawrence. "Indigenous Peoples: An Emerging Object of International Law". American Journal of International Law 80, nr 2 (kwiecień 1986): 369–85. http://dx.doi.org/10.2307/2201975.

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The Working Group on Indigenous Populations, an organ of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities, ended its fourth annual session last August by distributing seven “draft principles” to governments and nongovernmental organizations (NGOs) for comment as the first step in preparing “a draft declaration on indigenous rights, which may be proclaimed by the General Assembly.” For the first time since indigenous organizations took their concerns to the international level in 1977, a formal commitment has been made to the development of new law, probably in time for the “cinquecentennial” in 1992 of the “discovery” of the Americas and a proposed international indigenous year.

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Jones, Carwyn. "Lost from Sight: Developing Recognition of Māori Law in Aotearoa New Zealand". Legalities 1, nr 2 (wrzesień 2021): 162–86. http://dx.doi.org/10.3366/legal.2021.0015.

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In Aotearoa New Zealand, the state legal system is increasingly drawing on aspects of Māori law. Recent decisions suggest that the courts are willing to consider Māori law as a source of New Zealand law. This marks a change from earlier approaches which recognised discrete customary practices as customary law. Questions of state recognition of customary law have tended to focus attention on common law tests and so obscure processes of the Indigenous legal system, the sources of Indigenous law, and Indigenous forms of legal reasoning and communication. This article suggests that by focusing instead on understanding the application of Māori law within a fuller cultural context, the New Zealand courts may be better able to reveal and understand the Indigenous legal principles and processes at work. This would include engaging with a different range of legal sources, including working with Māori stories as legal texts, to make visible aspects of Indigenous law that can help to drive developments in the state legal system.

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Gregg, Benjamin. "The Indigenous Rights State". Ratio Juris 33, nr 1 (marzec 2020): 98–116. http://dx.doi.org/10.1111/raju.12270.

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van Genugten, Willem, Anna Meijknecht i Bas Rombouts. "Stateless Indigenous People(s)". Tilburg Law Review 19, nr 1-2 (1.01.2014): 98–107. http://dx.doi.org/10.1163/22112596-01902028.

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O’Connell, Karen. "‘We who are not here’: law, whiteness, indigenous peoples and the promise of genetic identification". International Journal of Law in Context 3, nr 1 (marzec 2007): 35–58. http://dx.doi.org/10.1017/s1744552307001036.

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In contemporary law, genetic technologies of the body have provided a new layer of complexity to legal determinations of racial identity. Indigenous peoples in particular are often forced to present themselves before law as invisible peoples requesting embodiment, possessing no set identity and requiring a legal determination of their status. In return for their participation in genetic research indigenous peoples have been promised, amongst other things, a reliable identification that would make them visible as indigenous before the law. This article examines genetic and non-genetic approaches to identifying indigenous peoples through a case study of Australian law and argues that while genetic technologies may have little to offer indigenous populations they do hold out the possibility of making visible to whites and white institutions their own obscured racial identity.

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Asher, Rachael. "Unresolved Injustice: An Examination of Indigenous Legal Issues in Australia". Udayana Journal of Law and Culture 4, nr 2 (30.07.2020): 146. http://dx.doi.org/10.24843/ujlc.2020.v04.i02.p02.

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Indigenous legal issues are to some extent a neglected and misunderstood subject in the Australian political and legal sphere. Where there is unresolved injustice, there is suffering. Similarly, where there is misunderstanding, there is ignorance. Therefore, the purpose of this paper is to explore Indigenous legal issues and potential solutions through an examination and analysis of relevant sources. The subjects of discussion in this paper include the limited extent that Aboriginal customary law is recognised under Commonwealth law; the impact of Australian law on Indigenous people; the over-representation of Indigenous people in the criminal justice system; the inadequate state of Indigenous property rights; and comparative law methodology.

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Cody, Anna, i Sue Green. "Clinical legal education and Indigenous legal education: what’s the connection?" International Journal of Clinical Legal Education 11 (18.07.2014): 51. http://dx.doi.org/10.19164/ijcle.v11i0.77.

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In this article we will examine some of the steps that UNSW law school has taken to address Indigenous disadvantage in, and exclusion from, legal education. The article focuses on the role of clinical legal education within Indigenous legal education. Two concrete examples will be discussed: a clinical subject specifically designed for 1st year Indigenous students and a class given by an Indigenous academic for later year law students within the general clinical legal education courses. The first is discussed to demonstrate how clinical legal education can improve the experience of Indigenous students within law schools. The second example highlights the challenges of attempting to “Aboriginalise” the curriculum of law courses.

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Abbasi, Muhammad Hassan, i Maya David. "PANDEMIC, LAW, AND INDIGENOUS LANGUAGES IN PAKISTAN". IARS' International Research Journal 11, nr 1 (8.02.2021): 10–16. http://dx.doi.org/10.51611/iars.irj.v11i1.2021.150.

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Pakistan is a multilingual state with 74 languages (Siddiqui, 2019), with Urdu being its national language while English is its official language (Article 251 of the Constitution of the Islamic Republic of Pakistan). However, the linguistic diversity, as per the law, has not been given proper status in Pakistan (Rahman, 2002). In the wake of Covid-19 pandemic, the role of medical health professionals, local police officers, media persons and educationists to create an awareness about the precautionary measures to fight Covid-19 among the indigenous communities in different regions of Pakistan is important. However, there is no practice prescribed in the law, to disseminate awareness in the local languages. Moreover, as most of the lexical items regarding the pandemic have been borrowed, the shift to local languages is more than challenging. In urban areas, indigenous communities are aware of the precautions to be taken during this pandemic as they use the mainstream languages (Ali, 2017 & Abbasi, 2019.) However, in the rural and northern areas of Pakistan this is not so prevalent. Some language activists and concerned members of the community in different parts of the state took this opportunity to educate the masses and started an awareness campaign about coronavirus pandemic in local languages (posters in local languages and short video messages on social media and YouTube). Yet, linguists and community members have not been able to work with many indigenous languages, which Rahman (2004) lists in his study, and these speech communities urgently need the required information in their respective heritage languages. Such small steps by community members and NGOs in providing necessary information in local languages suggest that proper education in the mother tongue can protect communities in times like this. The government has to protect endangered and indigenous languages by an effective law-making process that actively encourages the use of local languages and helps provide information in their respective languages in such situations as this pandemic.

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