The rights of indigenous peoples in marine areas / edited by Stephen Allen, Nigel Bankes, Oyvind Ravna.

Oxford : Hart Publishing, 2019.

1st edition

89395

Indigenous peoples -- Legal status, laws, etc.

Indigenous peoples -- Fishing -- Law and legislation.

Water rights.

Right to food.

Part I. The colonial encounter in marine space

1. Indigenous legal traditions, inter-societal law and the colonisation of marine spaces

Part II. International dimensions

2. International human rights law and the rights of indigenous peoples in relation to marine space and resources

3. Indigenous peoples in marine areas: whaling and sealing

4. The jurisprudence of artisanal fishing rights revisited

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

6. Modern land claims agreements in Canada and indigenous rights with respect to marine areas and resources

7. Indigenous fishing rights in Colombia: a case of dispossession and invisibility

8. Marine protected areas and indigenous peoples' rights: a case study of the national park of the Coral Sea in New Caledonia

9. Legal protection of coastal Sámi Culture and livelihood in Norway

10. New Zealand/Aotearoa and the rights of Maori to natural resources in marine areas

11. Defending ancestral waters from the maritime incursions of the modern world: the Tagbanua of the Philippines

12. The rights of indigenous peoples in marine areas in Russia

13. Indigenous rights in the US marine environment: the Stevens Treaties and their effects on harvests and habitat

Part IV. Perspectives on indigenous rights in marine areas

14. Marine protected areas and indigenous rights

15. Tlingit use of marine space: Putting up fish

16. Governance of marine space: Interactions between the salmon aquaculture industry and indigenous peoples in Norway and Canada

17. Indigenising and co-managing local fisheries: the evolution of the Alaska Community Development Quota Programme in the Norton Sound region.

The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature. - Pulishers website.

Includes bibliographical references and index.

9781509928644

432 p. ; 24 cm