The Rights of Indigenous Peoples in Marine Areas

Description

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.

Stephen Allen is Senior Lecturer in Law at Queen Mary, University of London and a Barrister at 5 Essex Court Chambers, London. Nigel Bankes is Professor and Chair of Natural Resources Law at the University of Calgary and Adjunct Professor at the KG Jebsen Centre for the Law of the Sea, UiT, the Arctic University of Norway. Oyvind Ravna is Professor of Law and Head of the research group on Sami and Indigenous law, UiT, the Arctic University of Norway, and Adjunct Professor at the Sami University of Applied Sciences, Kautokeino, Norway.

The collection of contributions covers a complex variety of perspectives in the panorama of indigenous rights at sea, and fills in a gap in indigenous rights research by providing a rich and unique analysis of indigenous and traditional rights in marine areas ... The Rights of Indigenous Peoples in Marine Areas represents the first comprehensive effort to address legal discourses over indigenous rights in marine areas, focusing on their reception within diverse regional, national and transnational systems. -- Margherita Paola Poto and Apostolos Tsiouvalas * The Yearbook of Polar Law *