Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters
Taylor & Francis
Indigenous Peoples, Customary Law and Human Rights Why Living Law MattersAuthor(s): Brendan Tobin\nFormat: Hardback\nPublisher: Taylor & Francis Ltd, United Kingdom\nImprint: Routledge\nISBN-13: 9781138019683, 978-1138019683\nSynopsis\nThis highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. \n\nThe author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolu.
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