دانلود کتاب The Rights of Indigenous Peoples in Marine Areas

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Acknowledgements
Contents
List of Contributors
Introduction
Part I: The Colonial Encounter in Marine Space
1. Indigenous Legal Traditions, Inter-societal Law and the Colonisation of Marine Spaces
I. Introduction
II. Indigenous Laws in Marine Spaces
III. Inter-societal Law in Marine Areas
IV. The Law of Nations and the Doctrine of Discovery in Marine Areas
V. The Rights Paradigm
VI. Conclusion: On Jurisdiction and Pluralism
Part II: International Dimensions
2. International Human Rights Law and the Rights of Indigenous Peoples in Relation to Marine Space and Resources
I. Introduction
II. Applicability of Human Rights Law to Marine Space
III. Human Rights Norms Relevant to Indigenous Peoples\' Rights to Marine Space and Marine Resources
IV. Conclusion
3. Indigenous Peoples in Marine AreasWhaling and Sealing
I. Introduction
II. Indigenous Whaling
III. Indigenous Sealing
IV. Conclusions
4. The Jurisprudence of Artisanal Fishing Rights Revisited
I. Introduction
II. The Character of Traditional/Artisanal Fishing Rights
III. The Doctrine of Vested (or Acquired) Rights
IV. The Hybrid Nature of Artisanal Fishing Rights
V. Artisanal Fishing Rights in the Territorial Sea
VI. Artisanal Fishing Rights in the Exclusive Economic Zone
VII. The LOSC and the Limits of Subject-Matter Jurisdiction
VIII. Artisanal Fishing Communities and Human Rights Treaties
IX. Conclusion
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
I. Introduction
II. Aboriginal Peoples and Torres Strait Islanders
III. Indigenous Rights and Native Title
IV. Commercial Native Title Rights and Interests in Marine Resources
V. Agreement Making
VI. Environmental Co-management of Marine Areas
VII. Future Prospects
6. Modern Land Claims Agreements in Canada and Indigenous Rights with Respect to Marine Areas and Resources
I. Introduction
II. The Historical Background
III. The Case Law on Treaty Rights, Aboriginal Rights and Aboriginal Title as Applied to Marine Space
IV. Modern Land Claims Agreements
V. Conclusions
7. Indigenous Fishing Rightsin Colombia: A Case of Dispossession
and Invisibility
I. Introduction
II. Multi-culturalism and the 1991 Constitution
III. Fishing Law And Social Conflict
IV. Indigenous Communities Who Harvest marine Resources in Colombia
V. Indigenous Harvesting Rights In Marine Protected Areas
VI. Conclusions
8. Marine Protected Areas and Indigenous Peoples’ Rights: A Case Study of the National Park of the Coral Sea
in New Caledonia
I. Introduction
II. The Kanak People In New Caledonia: A Short Background
III. The Establishment of The Natural Park Of The Coral Sea
IV. Management Of The Natural Park Of The Coral Sea And The Customary Rights Of The Kanak
V. The Rights Of Indigenous Peoples And Their Application In The Coral Sea Park
VI. Perspectives On Sovereignty
VII. Conclusions
9. Legal Protection of Coastal S\\xe1mi Culture and Livelihood in Norway
I. Introduction
II. Protection of Sámi Rights to Land and Waters in Norway
III. Rights to Marine Resources
IV. Final Remarks
10. New Zealand/Aotearoa and the Rights of Māori to Natural Resources in Marine Areas
I. Introduction
II. Enduring Indigenous Interests versus the Public Interest
III. Commercial and Customary Fisheries: The Sealord Deal
IV. The Foreshore and Seabed
V. Mori Commercial Aquaculture Claims
VI. Mining in the Marine Area
VII. Conclusion
11. Defending Ancestral Watersfrom the Maritime Incursionsof the Modern World The Tagbanua of the Philippines
Introduction
II. Indigenous Peoples And Contemporary Philippine Law
III. The Tagbanua And Their Quest For Ancestral Domain
IV. The Tagbanua Ancestral Domain Claim And Title
V. Modernity\'s Continuing Incursions
VI. Conclusion: A Continuing Struggle For Recognition
12. The Rights of Indigenous Peoples in Marine Areas in Russia
I. Introduction
II. Aspects of the Russian Legal System
III. International Law on the Rights of Indigenous Peoples in Marine Areas Implemented in Russian Law
IV. Russian Legislation Relevant to the Exercise of Indigenous Rights in Marine Areas
V. Cases
VI. Concluding Remarks
13. Indigenous Rights in the US Marine Environment: The Stevens
Treaties and their Effects on Harvests and Habitat
I. Introduction
II. Stevens Treaty Rights And Habitat Protection
III. The Treaty Right To Whale
IV. The Role Of Indian Treaty Rights In US–Canada Treaties
V. Treaty Fishing Rights And Fossil-Fuel Export Terminals
VI. Conclusion
Part IV: Perspectives on Indigenous Rights in Marine Areas
14. Marine Protected Areas and Indigenous Rights
I. Introduction
II. Who are Indigenous Peoples?
III. Marine Protected Areas
IV. The Challenges to Rights in Marine Protected Areas
V. Indigenous Peoples and MPAs
VI. Conclusion
15. Tlingit Use of Marine SpacePutting up Fish
I. Shóogunáx̱ Aayí: The First Thing
II. Haa Lingítx̱ Sateeyí: Who Are The Tlingit?
III. Contact With Europeans: Land Theft And Disease
IV. Tlingit Resistance
V. At Xʼaan Aaní Káa Lingít At Xaayí Dulyéx̱ (At Fish Camp, Tlingit Food Is Made
16. Governance of Marine Space Interactions between the Salmon Aquaculture Industry and Indigenous Peoples in Norway and Canada
I. Introduction
II. Governance Of Marine Space In Indigenous Areas
III. Controversies Over Aquaculture In Sámi Areas
IV. Canada: Aquaculture Controversies In Brithish Columbia
V. Governance Without Government: Impact-Benefit Agreements And The Failure Of Canadian Governance In The Coastal Zone
VI. Interactions And Marine Governance Institutions In Norway And British Columbia
VII. Conclusion
17. Indigenising and Co-managing Local Fisheries The Evolution of the Alaska Community Development Quota Programme in the Norton Sound Region
I. Introduction: The Western Alaska Community Development Quota Programme
II. What Does \'Development\' Mean? The Importance And Implications Of The Cdq Model
III. Moral And Political Foundations Of The Cdq Programme
IV. Abbreviated Indigenous History In Norton Sound
V. Why We Focus The Norton Sound Economic Development Corporation (NSEDC)
VI. What Specific Co-Management Rights Are Exercised By The NSEDC?
VII. Discussion: Under What Conditions Are Broad Co-Management Rights And Roles Achievable?
VIII. What Does Tell Us About The Development That Subsistence-Based Communities Want?
IX. Conclusions
Index