TY  - BOOK
AU  - Carrillo Yap,Siu Lang
TI  - Land and Forest Rights of Amazonian Indigenous Peoples from a National and International Perspective: A Legal Comparison of the National Norms of Bolivia, Brazil, Ecuador, and Peru
T2  - Studies in International Minority and Group Rights Series
SN  - 9789004439399
AV  - GB1264.A5 C377 2022 
U1  - 346.804675 
PY  - 2022///
CY  - Boston
PB  - BRILL
KW  - Indians of South America-Legal status, laws, etc.-Amazon River Watershed
KW  - Indigenous people-Legal status, laws, etc.-Amazon River Watershed
KW  - Indigenous people of South America-Legal status, laws, etc.-Amazon River Watershed
KW  - Forestry law and legislation-Amazon River Watershed
KW  - Indians of South America-Land tenure-Amazon River Watershed
KW  - Indigenous people-Land tenure-Amazon River Watershed
KW  - Electronic books
N1  - Intro -- Contents -- Acknowledgements -- German and Spanish Summaries (Zusammenfassung/Resumen) -- Tables and Graphics -- Abbreviations and Acronyms -- Chapter 1 Introduction: Conflicts Because of Lands and Forests - the Challenging Relation between Amazonian Indigenous Peoples and Their Nation States -- 1.1 Structure of the Book -- 1.2 Method -- Chapter 2 Setting the Scene -- 2.1 The Amazonian Region as a Geographical Place -- 2.2 Amazonian Indigenous Peoples -- 2.2.1 Indigenous Peoples -- 2.2.2 Amazonian Indigenous Peoples -- 2.3 Community Forest Management as a Form of Use of Forest Resources -- Chapter 3 Establishing the Legal Standards: Rights of Indigenous Peoples at the International Level -- 3.1 Development of Indigenous Rights in International Law -- 3.2 Rights of Indigenous Peoples at the International Level -- 3.2.1 Right to Self-Determination -- 3.2.2 Rights to the Territories, Lands, and Natural Resources -- 3.3 Binding Character of International Agreements Referred to Indigenous Peoples (ILO Convention 169, UNDRIP and Biodiversity Convention) -- 3.3.1 The International Agreements in the Bolivian Legal System -- 3.3.2 The International Agreements in the Brazilian Legal System -- 3.3.3 The International Agreements in the Ecuadorian Legal System -- 3.3.4 The International Agreements in the Peruvian Legal System -- 3.4 Conclusions -- Chapter 4 Relationship between the Nation States and Indigenous Peoples -- 4.1 Historical Appraisal of Citizenship Regimes: Citizens, Non-citizens and People under Guardianship Regime -- 4.1.2 Recognition of the Rights of Indigenous Peoples as Such in the Constitutions -- 4.1.3 Recognition of the Legal Existence of Indigenous Communities -- 4.2 Indigenous Peoples in the Current Legal Systems -- 4.2.1 Transformative and Preservative Constitutions -- 4.2.2 The "Names" of the Indigenous Communities; 4.2.3 Guardianship Regime in the Present -- 4.3 Conclusions of the Chapter -- Chapter 5Rights of Amazonian Indigenous Peoples to the Lands and Territories -- 5.1 Historical Appraisal: The Long Road for Amazonian Indigenous Peoples to Recover Their Rights over Lands and Territories -- 5.1.1 Land Rights of Indigenous Peoples during the Colony -- 5.1.2 Land Rights of Indigenous Peoples after the Independence -- 5.2 Rights to the Lands in the Current Constitutions and National Laws -- 5.2.1 Permanent Possession Rights over All Types of Lands (Brazil) -- 5.2.2 Ownership Rights over Agricultural Lands and Settlements, Use Rights over Forest Lands (Peru) -- 5.2.3 Autonomous Territories and Ownership Rights over All Types of Lands (Bolivia and Ecuador) -- 5.3 Conclusions of the Chapter -- Chapter 6 Rights of Indigenous Peoples to the Forest Resources -- 6.1 Historical Appraisal of the Forest Rights of Indigenous Peoples -- 6.2 Key Features of the Forest Norms -- 6.2.1 Forest Resources Are under the Control of the Nation States -- 6.2.2 Decentralization of Decision-Making Over Forest Resources -- 6.2.3 The Precarious Balance between Use and Conservation of Forest Resources -- 6.3 Rights over Forest Resources -- 6.3.1 Rights over Forest Resources in the Constitutions and National Laws -- 6.3.2 Analysis of the Content of the Rights over Forest Resources -- 6.3.3 Limitations on Forest Rights -- 6.4 Conclusions of the Chapter -- Chapter 7 Community Forest Management (CFM) -- 7.1 Definition of Community Forest Management -- 7.2 CFM and Traditional Forest-Related Knowledge -- 7.2.1 Definition of Traditional Forest-Related Knowledge -- 7.2.2 Recognition of Indigenous Peoples' Rights over Traditional Knowledge in the National Norms -- 7.3 CFM before the Enactment of the Current Norms -- 7.4 Current Regulation of CFM -- 7.4.1 Holder of the Title for Practicing CFM; 7.4.2 Conditions for Implementing CFM -- 7.4.3 Support and Promotion of CFM -- 7.5 Conclusions of the Chapter -- Chapter 8 Evaluation and Summary -- 8.1 Implementing International Law in the National Legal Systems of Bolivia, Brazil, Ecuador and Peru -- 8.1.1 Partial Recognition of the Right to Self-Determination -- 8.1.2 Separate Recognition of the Rights to Land, Territories and Natural Resources -- 8.2 Strengthening the Lands and Forests Rights of Amazonian Indigenous Peoples for the Conservation of the Amazon Rainforest -- 8.2.1 Revisiting the Right to Self-Determination Implemented in Indigenous Territorial Units -- 8.2.2 Establishing a Common System of Regulation of Lands and Forests of Amazonian Indigenous Peoples: The View of Property Law Theory Supported by Natural Sciences -- References -- Index
N2  - In this book Siu Lang Carrillo Yap compares the land and forest rights of Amazonian indigenous peoples from Bolivia, Brazil, Ecuador and Peru, and analyses these rights in the context of international law, property law theory, and natural sciences
UR  - https://ebookcentral.proquest.com/lib/orpp/detail.action?docID=6891189
ER  -