Overview

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.

Full Product Details

Author:   Federico Lenzerini (Professor of Law, University of Siena and Consultant to UNESCO)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.40cm , Height: 4.30cm , Length: 24.10cm
Weight:   1.105kg
ISBN:  

9780199235605

ISBN 10:   0199235600
Pages:   680
Publication Date:   24 January 2008
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

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

Reviews

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

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 *

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 *

Author Information

Federico Lenzerini is Professor of Law, University of Siena (Italy) and Consultant to UNESCO (Paris)

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