03879nam a22005175i 4500 978-3-031-50539-3 DE-He213 20251030110915.0 cr nn 008mamaa 240105s2024 sz | s |||| 0|eng d 9783031505393 978-3-031-50539-3 10.1007/978-3-031-50539-3 doi K3236-3268.5 JPVH bicssc LAW013000 bisacsh JPVH thema Woyames Dreher, Catarina. author. aut http://id.loc.gov/vocabulary/relators/aut 69296 A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples [electronic resource] : The Case of Brazil / by Catarina Woyames Dreher. 1st ed. 2024. Cham : Springer Nature Switzerland : Imprint: Springer, 2024. XIII, 259 p. online resource. text txt rdacontent computer c rdamedia online resource cr rdacarrier text file PDF rda 1 Introduction -- 2 The legal framework of consultation with indigenous peoples -- 3 Assessing consultation with indigenous peoples in the Inter-American System of Human Rights -- 4 Assessing consultation with indigenous peoples in Brazil -- 5 Assessing the application of consultation and indigenous peoples’ Protocols -- 6 Towards efficacy: Between the legal uncertainty of the requirement of consultation and its most adequate application for Brazil -- 7 Conclusion. This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work’s broader objective to explore legal facts as well as to evaluate the empirical evidence in light of theoretical considerations. It thereby expands the understanding of consultation as a right under national legal systems and considers practical ways on how to enforce domestic redress for avoiding legal indeterminacy. The conclusions of the analysis contribute to not only a better understanding of the subject matter but also showcase ways of how to improve the realities on the ground. The book puts forward a range of recommendations directed at national authorities, international organizations, development lenders and civil society to help improve the unsatisfactory present circumstances. The intended audience encompasses legal scholars, students, practitioners and journalists, as well as anyone interested in research on the realization of indigenous peoples’ rights and the role of international law in the 21st century. . Human rights. 58427 Indigenous peoples Religion. 69297 Cultural property. Human Rights. 58427 Indigenous Religion. 69298 Cultural Heritage. SpringerLink (Online service) Springer Nature eBook Printed edition: 9783031505386 Printed edition: 9783031505409 Printed edition: 9783031505416 https://doi.org/10.1007/978-3-031-50539-3 ZDB-2-LCR ZDB-2-SXLC 57110 57110