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Published in concomitance with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, this volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, investigate the right of indigenous peoples to reparation for breaches of their individual and collective rights. The first part of the book is devoted to general aspects of this important matter, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law, and the vision of reparations as conceived by the communities concerned. The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, examining the best practices of reparations according to the ideologies and expectations of indigenous peoples and offering a comparative perspective on the ways in which the right of these peoples to redress for the injuries suffered is realized worldwide. The global picture painted by these contributions provides a view of the status of relevant international law that is synthesized in the two final chapters of the book, which include a concrete example of how a judicial claim for reparation is to be structured and prescribes the best practices and strategies to be adopted in order to maximize the opportunities for indigenous peoples to obtain effective redress. As a whole, this volume offers a comprehensive vision of its subject matter in international and comparative law, with a practical approach aimed at supporting legal academics, administrators, and practitioners in improving the avenues and modalities of reparations for indigenous peoples.
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Federico Lenzerini is Professor of Law, University of Siena (Italy); Consultant to UNESCO (Paris)
As Lenzerini rightly concludes, the question of reparations for indigenous peoples - in addition to a legal question - often constitutes a philosophical and social question. Thus, the publication addresses the limitations arising in this context by not only elaborating on the judicial barriers but also the psychological grounds for refusing the implementation of a full reparation program...the book provides a very valuable and important study on the matter and its detailed examples on state practice and litigation processes possess considerable value both for scholars and practitioners alike. * Jane A. Hofbauer, Austrian Review of International and European Law *
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Book Description Oxford University Press, 2009. Paperback. Condition: BRAND NEW. Seller Inventory # 0199577919_abe_bn
Book Description Oxford University Press, USA, 2009. Paperback. Condition: New. Seller Inventory # DADAX0199577919