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Reparations for Indigenous Peoples: International and Comparative Perspectives

Edited by: Federico Lenzerini

ISBN13: 9780199235605
Published: October 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £88.00
Paperback edition , ISBN13 9780199577910



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The volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, consider the right of indigenous peoples to reparations for breaches of their individual and collective rights.

The first part of the book is devoted to general aspects of this important question, 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 peoples concerned.

The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, including some pertinent, in-depth case-studies, offering a comparative perspective on the ways in which the right of indigenous peoples to reparation is realized worldwide. The contributions forming the second part also examine the best practices for granting effective reparations, according to the ideologies and expectations of the communities concerned.

The global picture painted by these contributions offers a view of the status of relevant international law that is synthesised in the final chapter, which also prescribes the best practices and strategies to be adopted in order to maximize concrete opportunities for indigenous peoples to obtain effective redress.

As a whole, the 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 concerned in improving the avenues and modalities of reparations for indigenous peoples.

Subjects:
Public International Law
Contents:
I International Law, Reparations for Human Rights Violations and Indigenous Peoples
1. Reparations for Indigenous Peoples in International and Comparative Law: An Introduction , ;Federico Lenzerini
2. The Contemporary Evolution of International Law: Is the International Community Ready to Grant Reparations for Human Rights Violations? , ;Francesco Francioni
3. Reparations for Indigenous Peoples: The Present Value of Past Wrongs , ;Dinah Shelton
4. The Trail of Broken Dreams: The Status of Indigenous Peoples in International Law , ;Federico Lenzerini
5. Indigenous Peoples, Afro-Indigenous People and Reparations , ;Gerald Torres
6. Indigenous Peoples and Psychosocial Reparation: The Vision of Latin American Indigenous Communities , ;Nieves Gomez
II Reparations to Indigenous Peoples: International, Regional and National Approaches
7. Reparations for Indigenous Peoples: Global International Instruments and Institutions , ;Claire Charters
8. Indigenous Land Rights: The Challenge of Reparation , ;Luis Rodriguez-Piñero
9. Reparations for Cultural Loss , ;Ana F. Vrdoljak
10. In Praise of Guilt: How the Yearning for Moral Purity Blocks Reparations for Native Americans , ;David Williams
11. An American Indian Reparations Strategy: Repairing Federal Indian Law , ;Kristen Carpenter
12. Genocide Against the Chiricahua Apache Peoples. The Need For Reparations , ;S. James Anaya
13. Reparations for Indigenous Peoples in Canada , ;Brad Morse
14. Reparations for Indigenous Peoples in the Case Law of the Interamerican Court of Human Rights , ;Gabriella Citroni, Karla I. ;Quintana Osuna
15. Reparations for Indigenous Peoples in Two Selected Latin American Countries , ;Marzia Rosti
16. Reparations for Indigenous Peoples in Europe: The Case of the Sami People ,; Stefania Errico, ;Barbara Hocking
17. Reparations for Indigenous Peoples in Africa , ;Nsongurua Udombana
18. International Law and Reparations for Indigenous Peoples in Asia , ;Phutoli Chingmak
19. Reparations for Masyarakat Adat in Indonesia: A Sombre Tale , ;Aderito de Jesus Soares
20. The Persistent Absence of a Foundational Principle? Indigenous Australians, Proprietary and Family Reparations , ;Barbara Hocking, ;Margaret Stephenson
21. Reparations for Maori Grievances in Aotearoa New Zealand , ;Catherine Iorns Magallanes
III Best Practices and Strategies of Reparations to Indigenous Peoples
22. Conclusive Note: An Attempt to Define Best Practices and Strategies for Maximizing the Concrete Chances of Reparation for Injuries Suffered by Indigenous Peoples , ;Federico Lenzerini