The Rights of Indigenous Peoples in Marine Areas

Description

Acknowledgements Contents List of Contributors Introduction Part I: The Colonial Encounter in Marine Space 1. Indigenous Legal Traditions, Inter-societal Law and the Colonisation of Marine Spaces I. Introduction II. Indigenous Laws in Marine Spaces III. Inter-societal Law in Marine Areas IV. The Law of Nations and the Doctrine of Discovery in Marine Areas V. The Rights Paradigm VI. Conclusion: On Jurisdiction and Pluralism Part II: International Dimensions 2. International Human Rights Law and the Rights of Indigenous Peoples in Relation to Marine Space and Resources I. Introduction II. Applicability of Human Rights Law to Marine Space III. Human Rights Norms Relevant to Indigenous Peoples' Rights to Marine Space and Marine Resources IV. Conclusion 3. Indigenous Peoples in Marine AreasWhaling and Sealing I. Introduction II. Indigenous Whaling III. Indigenous Sealing IV. Conclusions 4. The Jurisprudence of Artisanal Fishing Rights Revisited I. Introduction II. The Character of Traditional/Artisanal Fishing Rights III. The Doctrine of Vested (or Acquired) Rights IV. The Hybrid Nature of Artisanal Fishing Rights V. Artisanal Fishing Rights in the Territorial Sea VI. Artisanal Fishing Rights in the Exclusive Economic Zone VII. The LOSC and the Limits of Subject-Matter Jurisdiction VIII. Artisanal Fishing Communities and Human Rights Treaties IX. Conclusion 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 I. Introduction II. Aboriginal Peoples and Torres Strait Islanders III. Indigenous Rights and Native Title IV. Commercial Native Title Rights and Interests in Marine Resources V. Agreement Making VI. Environmental Co-management of Marine Areas VII. Future Prospects 6. Modern Land Claims Agreements in Canada and Indigenous Rights with Respect to Marine Areas and Resources I. Introduction II. The Historical Background III. The Case Law on Treaty Rights, Aboriginal Rights and Aboriginal Title as Applied to Marine Space IV. Modern Land Claims Agreements V. Conclusions 7. Indigenous Fishing Rightsin Colombia: A Case of Dispossession and Invisibility I. Introduction II. Multi-culturalism and the 1991 Constitution III. Fishing Law And Social Conflict IV. Indigenous Communities Who Harvest marine Resources in Colombia V. Indigenous Harvesting Rights In Marine Protected Areas VI. Conclusions 8. Marine Protected Areas and Indigenous Peoples’ Rights: A Case Study of the National Park of the Coral Sea in New Caledonia I. Introduction II. The Kanak People In New Caledonia: A Short Background III. The Establishment of The Natural Park Of The Coral Sea IV. Management Of The Natural Park Of The Coral Sea And The Customary Rights Of The Kanak V. The Rights Of Indigenous Peoples And Their Application In The Coral Sea Park VI. Perspectives On Sovereignty VII. Conclusions 9. Legal Protection of Coastal S\xe1mi Culture and Livelihood in Norway I. Introduction II. Protection of Sámi Rights to Land and Waters in Norway III. Rights to Marine Resources IV. Final Remarks 10. New Zealand/Aotearoa and the Rights of Māori to Natural Resources in Marine Areas I. Introduction II. Enduring Indigenous Interests versus the Public Interest III. Commercial and Customary Fisheries: The Sealord Deal IV. The Foreshore and Seabed V. Mori Commercial Aquaculture Claims VI. Mining in the Marine Area VII. Conclusion 11. Defending Ancestral Watersfrom the Maritime Incursionsof the Modern World The Tagbanua of the Philippines Introduction II. Indigenous Peoples And Contemporary Philippine Law III. The Tagbanua And Their Quest For Ancestral Domain IV. The Tagbanua Ancestral Domain Claim And Title V. Modernity's Continuing Incursions VI. Conclusion: A Continuing Struggle For Recognition 12. The Rights of Indigenous Peoples in Marine Areas in Russia I. Introduction II. Aspects of the Russian Legal System III. International Law on the Rights of Indigenous Peoples in Marine Areas Implemented in Russian Law IV. Russian Legislation Relevant to the Exercise of Indigenous Rights in Marine Areas V. Cases VI. Concluding Remarks 13. Indigenous Rights in the US Marine Environment: The Stevens Treaties and their Effects on Harvests and Habitat I. Introduction II. Stevens Treaty Rights And Habitat Protection III. The Treaty Right To Whale IV. The Role Of Indian Treaty Rights In US–Canada Treaties V. Treaty Fishing Rights And Fossil-Fuel Export Terminals VI. Conclusion Part IV: Perspectives on Indigenous Rights in Marine Areas 14. Marine Protected Areas and Indigenous Rights I. Introduction II. Who are Indigenous Peoples? III. Marine Protected Areas IV. The Challenges to Rights in Marine Protected Areas V. Indigenous Peoples and MPAs VI. Conclusion 15. Tlingit Use of Marine SpacePutting up Fish I. Shóogunáx̱ Aayí: The First Thing II. Haa Lingítx̱ Sateeyí: Who Are The Tlingit? III. Contact With Europeans: Land Theft And Disease IV. Tlingit Resistance V. At Xʼaan Aaní Káa Lingít At Xaayí Dulyéx̱ (At Fish Camp, Tlingit Food Is Made 16. Governance of Marine Space Interactions between the Salmon Aquaculture Industry and Indigenous Peoples in Norway and Canada I. Introduction II. Governance Of Marine Space In Indigenous Areas III. Controversies Over Aquaculture In Sámi Areas IV. Canada: Aquaculture Controversies In Brithish Columbia V. Governance Without Government: Impact-Benefit Agreements And The Failure Of Canadian Governance In The Coastal Zone VI. Interactions And Marine Governance Institutions In Norway And British Columbia VII. Conclusion 17. Indigenising and Co-managing Local Fisheries The Evolution of the Alaska Community Development Quota Programme in the Norton Sound Region I. Introduction: The Western Alaska Community Development Quota Programme II. What Does 'Development' Mean? The Importance And Implications Of The Cdq Model III. Moral And Political Foundations Of The Cdq Programme IV. Abbreviated Indigenous History In Norton Sound V. Why We Focus The Norton Sound Economic Development Corporation (NSEDC) VI. What Specific Co-Management Rights Are Exercised By The NSEDC? VII. Discussion: Under What Conditions Are Broad Co-Management Rights And Roles Achievable? VIII. What Does Tell Us About The Development That Subsistence-Based Communities Want? IX. Conclusions Index