Universität Wien FIND
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030227 SE Indigenous Legal Studies: Jurisdiction and Legal Pluralism (2015W)

auch für DiplomandInnen und DissertantInnen

4.00 ECTS (2.00 SWS), SPL 3 - Rechtswissenschaften
Continuous assessment of course work

compulsary attendance at all dates (Anwesenheitspflicht bei allen Terminen)

Registration/Deregistration

Note: The time of your registration within the registration period has no effect on the allocation of places (no first come, first served).

Details

max. 35 participants
Language: English

Lecturers

Classes (iCal) - next class is marked with N

Monday 12.10. 16:00 - 17:30 Seminarraum SEM41 Schottenbastei 10-16, Juridicum, 4.OG (Kickoff Class)
Monday 23.11. 16:00 - 18:00 Seminarraum SEM42 Schottenbastei 10-16, Juridicum, 4.OG
Wednesday 13.01. 09:00 - 18:00 Seminarraum SEM42 Schottenbastei 10-16, Juridicum, 4.OG
Thursday 14.01. 09:00 - 18:00 Seminarraum SEM42 Schottenbastei 10-16, Juridicum, 4.OG

Information

Aims, contents and method of the course

In September 2007, after a process of discussions and negotiations stretching back to 1982, the General Assembly of the UN adopted the Declaration on the Rights of Indigenous Peoples (UNDRIP). The declaration outlines the individual and collective rights of indigenous peoples to lands, territories, natural resources, political autonomy and participation, as well as their rights to identity, culture, language, employment, health, education, protection against discrimination, compensation rights and other issues. Similar rights of indigenous peoples have also been defined by several Conventions of the International Labour Organization and by international case law, like the Inter-American Commision and Court of Human Rights.
The seminar will consider the background, the content and the state of implementation of these international rights standards protecting IP.

Assessment and permitted materials

Minimum requirements and assessment criteria

The Seminar will require students to investigate what legal, quasi-legal and practical barriers potentially block the road from theoretical recognition of IP’s right to actual protection in a number of areas of the world. Recognizing the fact that significant state practice has developed which is consistent with the provisions of the UNDRIP, a range of problems remains which often hinder the full realization of the UNDRIP provisions

Examination topics

Student participants will study a range of cases, thus gathering empirical, and legal material for a response to the question in what way and to what extent law does play a role in solving the issues indigenous peoples are confronted with worldwide. In order to sharpen the focus of law students: Under the supervision of the professor, key cases (10 to 12) will be elected from different regions of the world.
An interdisciplinary analysis of such cases will be applied, taking full account of relevant factors, on the basis of legal issues and approaches, ranging from indigenous customs, practices, land tenure systems and systems of social control as well as national, regional, and international law with a view to identifying an effective resolution of the potential competing rights and interests concerning specific rights of the Indigenous peoples concerned.

Reading list

Suggested cases:

1. Delgamuukw and Tshil’kotin (Common Law aboriginal title, Canada)
2. Negotiating Self-Government - Land claims agreements in Arctic Canada
3. NW Indian Cemetery Prot. Association v. Lyng (the failure to protect sacred sites of native Americans, USA)
4. Demarcating Awas Tingni Lands (the endless story of demarcation of Native Lands, Nicaragua)
5. Camisea (resource extraction and the protection of IP in voluntary isolation, Peru)
6. Road building in TIPNIS (Consultation Rights in Plurinational Bolivia)
7. Belo Monte (Flooding indigenous lands and CSR of Austrian companies)
8. Central Kalahari land rights (San, Botswana)
9. Self-government of Indigenous peoples on the top of Europe (Saami Parliaments in Finland and Norway)
10. Small Peoples and resource rights in Russia’s Far east (Case law on fishing rights)
11. The Loss of tradition and the Anthropological expert witness (Yorta Yorta case Australia)
12. REDD+ South East Asia

Association in the course directory

Last modified: Th 31.03.2022 00:15