scholarly journals International Human Rights Law and Natural Resources Projects Within the Traditional Territories of Indigenous Peoples

2010 ◽  
pp. 457-496 ◽  
Author(s):  
Nigel Bankes
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Resource Exploitation ◽  
International Human Rights ◽  
International Rights ◽  
Recent Developments ◽  
International Human ◽  
Relationship Of

This article explores the relevance of international human rights law to natural resource developments within the traditional territories of indigenous peoples. The author argues that international law prescribes standards that limit the authority of the state to grant resource rights to third parties and to approve resource projects within the traditional territories of indigenous peoples. In making this argument, the article examines interactions between recent developments in human rights law and the domestic legal system. The author approaches the topic through an examination of how several recent international decisions deal with conflict between territorial rights asserted by indigenous peoples and resource development permits granted by domestic governments within those territories. The article suggests that these decisions point to an emerging trend on the international human rights stage to interpret international rights instruments as requiring consideration of the relationship of indigenous peoples to the land prior to allowing resource exploitation.

Title to Territory and JurisdictionThree and a Half Models

2020 ◽  
pp. 159-181
Author(s):  
Lea Raible
Keyword(s):  
Human Rights ◽  
International Law ◽  
Political Power ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Relationship Of ◽  
The Relationship

The very term ‘extraterritoriality’ implies that territory is significant. So far, however, my argument focuses on jurisdiction rather than territory. This chapter adds clarifications in this area. It examines the relationship of jurisdiction in international human rights law, whether understood as political power or not, and title to territory in international law. To this end, I start by looking at what international law has to say about jurisdiction as understood in international human rights law, and territory, respectively. The conclusion of the survey is that the two concepts serve different normative purposes, are underpinned by different values, and that they are thus not the same. Accordingly, an account of their relationship should be approached with conceptual care.

21. Indigenous peoples’ and minority rights

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Minority Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Minority Status ◽  
Human Rights Law ◽  
International Human Rights ◽  
Minority Protection ◽  
International Human

This chapter examines the scope and application of indigenous peoples’ rights and minority rights in international human rights law. It discusses the recognition of the need for minority protection in the drafting of the International Bill of Human Rights; analyses the provisions of Art 27 of the International Covenant on Civil and Political Rights; and describes tests employed to determine minority status. The chapter also considers developments in the protection of minority rights in Europe. The rights of indigenous peoples are also examined.

Defining ‘People’ and ‘Indigenous People’ in International Human Rights Law and Its Application in Indonesia

2019 ◽  
Vol 26 (3) ◽  
pp. 373-408
Author(s):  
M. Ya’kub Aiyub Kadir
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Third World

This article investigates the problem of defining ‘people’ and ‘indigenous people’ under the International Human Rights Covenants and their application in the Indonesian context. Using analyses based on the Third World Approach to International Law (twail), this article shows the problems facing Indonesia in identifying indigenous peoples as traditional peoples, in terms of being isolated peoples (Masyarakat Hukum Adat, hereafter mha), and the non-isolated indigenous peoples who were sovereign before the independence of Indonesia. This interpretation has been confusing in relation to the entitlement to natural resources. Therefore, this article proposes a new understanding of indigenous peoples, in order to arrive at better treatment and recognition and in terms of sharing power and the benefits of natural resources in the Indonesian system.

scholarly journals Resource Nationalism in the Law and Policies of Indonesia: A Contest of State, Foreign Investors, and Indigenous Peoples

2019 ◽  
Vol 9 (2) ◽  
pp. 298-333
Author(s):  
M.Y. Aiyub KADIR ◽  
Alexander MURRAY
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Legal System ◽  
Foreign Investment ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Foreign Investors ◽  
Resource Nationalism ◽  
International Human

AbstractThis paper examines resource nationalism in the legal system of Indonesia under the interpretation of Articles 33(2), 33(3), and 18B(2) of the 1945 Constitution. It will describe the evolution of the meaning of resource nationalism since independence to the present day, in the context of foreign investment, to investigate the extent to which resource nationalism has benefited indigenous peoples. This paper argues that resource nationalism in the legal system of Indonesia has been driven by state-centric goals and has strayed far away from considerations of the benefits to the indigenous people (Masyarakat Hukum Adat/MHA), so as to dominantly benefit the elites of government and foreign investors. This paper will introduce a new conceptual framework in order to develop an effective argument about resource nationalism using International Human Rights Law.

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