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The Rights of Indigenous Peoples in Marine Areas

The Rights of Indigenous Peoples in Marine Areas

Author: Nigel Bankes Øyvind Ravna Stephen Allen
Publisher: Hart Publishing
ISBN: 9781509952021

Published In: April 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509928644

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The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed.

This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.

Introduction

Stephen Allen, Nigel Bankes, Endalew Lijalem Enyew and Øyvind Ravna

PART I. THE COLONIAL ENCOUNTER IN MARINE SPACE

1. Indigenous Legal Traditions, Inter-societal Law and the Colonisation of Marine Spaces

Robert Hamilton

PART II. INTERNATIONAL DIMENSIONS

2. International Human Rights Law and the Rights of Indigenous Peoples in Relation to Marine Space and Resources

Endalew Lijalem Enyew

3. Indigenous Peoples in Marine Areas: Whaling and Sealing

Malgosia Fitzmaurice

4. The Jurisprudence of Artisanal Fishing Rights Revisited

Stephen Allen

PART III. INDIGENOUS RIGHTS IN MARINE AREAS IN DIFFERENT JURISDICTIONS

5. The Evolving Governance of Aboriginal Peoples and Torres Strait Islanders in Marine Areas in Australia

Lee Godden

6. Modern Land Claims Agreements in Canada and Indigenous Rights with Respect to Marine Areas and Resources

Nigel Bankes

7. Indigenous Fishing Rights in Colombia: A Case of Dispossession and Invisibility

Isabela Figueroa

8. Marine Protected Areas and Indigenous Peoples' Rights: A Case Study of the National Park of the Coral Sea

in New Caledonia

Dorothée Cambou, Jérémie Gilbert and Marlène Dégremont

9. Legal Protection of Coastal Sámi Culture and Livelihood in Norway

Øyvind Ravna and Line Kalak

10. New Zealand/Aotearoa and the Rights of Maori to Natural Resources in Marine Areas

Andrew Erueti

11. Defending Ancestral Waters from the Maritime Incursions of the Modern World: The Tagbanua of the Philippines

Jay L Batongbacal

12. The Rights of Indigenous Peoples in Marine Areas in Russia

Ekaterina Zmyvalova and Ruslan Garipov

13. Indigenous Rights in the US Marine Environment: The Stevens Treaties and their Effects on Harvests and Habitat

Michael C Blumm and Olivier Jamin

PART IV. PERSPECTIVES ON INDIGENOUS RIGHTS IN MARINE AREAS

14. Marine Protected Areas and Indigenous Rights

Sue Farran

15. Tlingit Use of Marine Space: Putting up Fish

Caskey Russell and X_ 'unei Lance Twitchell

16. Governance of Marine Space: Interactions between the Salmon Aquaculture Industry and Indigenous Peoples in Norway and Canada

Einar Eythórsson, Dorothee Schreiber, Camilla Brattland and Else Grete Broderstad

17. Indigenising and Co-managing Local Fisheries: The Evolution of the Alaska Community Development Quota Programme in the Norton Sound Region

Evelyn Pinkerton and Steve J Langdon

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