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Land and Forest Rights of Amazonian Indigenous Peoples from a National and International Perspective: A Legal Comparison of the National Norms of Bolivia, Brazil, Ecuador, and Peru

Land and Forest Rights of Amazonian Indigenous Peoples from a National and International Perspective: A Legal Comparison of the National Norms of Bolivia, Brazil, Ecuador, and Peru

Author: Siu Lang Carrillo Yap
Publisher: Brill Nijhoff
ISBN: 9789004439382
Published In: February 2022
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 2,354.10

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Description
Contents

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In this book Siu Lang Carrillo Yap compares the land and forest rights of Amazonian indigenous peoples from Bolivia, Brazil, Ecuador and Peru, and analyses these rights in the context of international law, property law theory, and forest and soil sciences. Within this scope and against the historical background, the recent interrelations between the Amazonian indigenous peoples’ land, forest and community forest management rights and their importance for the self-determination of indigenous peoples in the Amazonian region are examined.

Through bringing together international law with national law, natural resources law with property law and law with natural sciences, the author sheds new light on the complex topic of indigenous peoples’ rights closely entwined with the conservation of the Amazonian rainforest.

German and Spanish Summaries (Zusammenfassung/Resumen)

List of Tables and Graphics

List of Abbreviations and Acronyms

Introduction: Conflicts Because of Lands and Forests - the Challenging Relation between Amazonian Indigenous Peoples and Their Nation States

1.1 Structure of the Book

1.2 Method

Setting the Scene

2.1 The Amazonian Region as a Geographical Place

2.2 Amazonian Indigenous Peoples

2.3 Community Forest Management as a Form of Use of Forest Resources

Establishing the Legal Standards: Rights of Indigenous Peoples at the International Level

3.1 Development of Indigenous Rights in International Law

3.2 Rights of Indigenous Peoples at the International Level

3.3 Binding Character of International Agreements Referred to Indigenous Peoples (ILO Convention 169, UNDRIP and Biodiversity Convention)

3.4 Conclusions

Relationship between the Nation States and Indigenous Peoples

4.1 Historical Appraisal of Citizenship Regimes: Citizens, Non-citizens and People under Guardianship Regime

4.2 Indigenous Peoples in the Current Legal Systems

4.3 Conclusions of the Chapter

Rights of Amazonian Indigenous Peoples to the Lands and Territories

5.1 Historical Appraisal: The Long Road for Amazonian Indigenous Peoples to Recover Their Rights over Lands and Territories

5.2 Rights to the Lands in the Current Constitutions and National Laws

5.3 Conclusions of the Chapter

Rights of Indigenous Peoples to the Forest Resources

6.1 Historical Appraisal of the Forest Rights of Indigenous Peoples

6.2 Key Features of the Forest Norms

6.3 Rights over Forest Resources

6.4 Conclusions of the Chapter

Community Forest Management (CFM)

7.1 Definition of Community Forest Management

7.2 CFM and Traditional Forest-Related Knowledge

7.3 CFM before the Enactment of the Current Norms

7.4 Current Regulation of CFM

7.5 Conclusions of the Chapter

Evaluation and Summary

8.1 Implementing International Law in the National Legal Systems of Bolivia, Brazil, Ecuador and Peru

8.2 Strengthening the Lands and Forests Rights of Amazonian Indigenous Peoples for the Conservation of the Amazon Rainforest

References

Index

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Land and Forest Rights of Amazonian Indigenous Peoples from a National and International Perspective: A Legal Comparison of the National Norms of Bolivia, Brazil, Ecuador, and Peru

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