This book investigates the origins and development of human rights discourse in Finnish legal scholarship in the twentieth century. It provides a detailed account of how human rights were understood before they had legal relevance in a positivist sense, how they were adapted to Finnish legal thinking in the post-Second World War decades, how they developed into a mode of legal rhetoric and a type of legal argument during the 1970s and 1980s, and how they eventually became a significant paradigm in legal thinking in the 1990s. The book also demonstrates how rights discourse infiltrated the discussion regarding problems that were previously addressed in arguments concerning morals, social justice and equity. Although the book focuses on the history of Finnish legal scholarship, it is also interesting from a global perspective for two reasons: Firstly, it demonstrates how an idea of international law is transplanted and diffused into national legal thinking; Finland is an illustrative example in this regard. Secondly, it offers insights into the general history of human rights.

This book investigates the origins and development of human rights discourse in Finnish legal scholarship in the twentieth century. It provides a detailed account of how human rights were understood before they had legal relevance in a positivist sense, how they were adapted to Finnish legal thinking in the post-Second World War decades, how they developed into a mode of legal rhetoric and a type of legal argument during the 1970s and 1980s, and how they eventually became a significant paradigm in legal thinking in the 1990s. The book also demonstrates how rights discourse infiltrated the discussion regarding problems that were previously addressed in arguments concerning morals, social justice and equity. Although the book focuses on the history of Finnish legal scholarship, it is also interesting from a global perspective for two reasons: Firstly, it demonstrates how an idea of international law is transplanted and diffused into national legal thinking; Finland is an illustrative example in this regard. Secondly, it offers insights into the general history of human rights.

'Climate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms – legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume are by leading experts who bring their insights and innovative thinking to bear on a truly complex subject. Whether as a novice's starting point or expert's desktop reference, I cannot think of a more useful resource for anyone interested in climate policy for indigenous peoples.' – J.B. Ruhl, Vanderbilt University Law School, US 'In Climate Change and Indigenous Peoples, editors Randy Abate and Elizabeth Kronk have assembled a truly comprehensive and informative look at the special issues that indigenous peoples face as a result of climate impacts and an overview of the law – international and domestic, climate change and human rights, substantive and procedural – that applies to those issues. One of the great strengths of the book is that no group of indigenous people is made to stand proxy for all the others; instead, after exploring the general issues facing all indigenous peoples and the general legal strategies they use, the book focuses most of its attention on the specific climate change issues that confront particular groups – South American indigenous peoples; the various tribes of Native Americans in the US; the indigenous peoples of the Arctic, collectively as well as in respect to particular Arctic countries; Pacific Islanders; indigenous peoples in Asia; the various groups of Aborigines and Torres Islanders in Australia; the Maori on New Zealand; and several tribes in Kenya, Africa. For people interested in climate change and climate change adaptation, this book provides a unique overview of the special vulnerabilities and plights of indigenous peoples, issues that must be considered as the world works to formulate effective and protective climate change adaptation policies. For people interested in indigenous peoples and international human rights, this book paints a grim picture of the various ways in which climate change threatens this very diverse group of cultural entities and the deep knowledge of place that they usually possess, while at the same time offering hope that the law can find ways to keep them from disappearing – and, indeed, that indigenous peoples might just help the rest of us to survive, as well.' – Robin Kundis Craig, University of Utah S.J. Quinney College of Law, US 'It is one of the world's cruelest ironies that some of the earliest effects of climate change are being felt by indigenous populations around the world, even though they contributed no more than trivial amounts of the greenhouse gases that are at the root of much of the problem, and they are so politically and economically powerless that they played no role in the decisions that have led to their plight. At the same time, many of these populations are victimized by certain actions designed to reduce emissions, such as land clearing for biofuels cultivation, and restrictions on forest use. Professors Abate and Kronk have assembled a formidable collection of experts from around the world who demonstrate the diversity of challenges facing these indigenous peoples, and the opportunities and challenges in using various international and domestic legal tools to seek redress. This book will be an invaluable resource for all those examining the legal remedies that may be available, either now or as the law develops in the years to come.' – Michael B. Gerrard, Columbia Law School, US This timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges. Indigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya). This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice.

In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.

In 2007 the United Nations approved the United Nations Declaration on the Rights of Indigenous Peoples. United States endorsement in 2010 ushered in a new era of Indian law and policy. This book highlights steps that the United States, as well as other nations, must take to provide a more just society and heal past injustices committed against indigenous peoples.

This book provides an overview of marginality or marginalization, as a concept, characterizing a situation of impediments – social, political, economic, physical, and environmental – that impact the abilities of many people and societies to improve their human condition. It examines a wide range of examples and viewpoints of societies struggling with poverty, social inequality and marginalization. Though the book will be especially interesting for those looking for insights into the situation and position of ethnic groups living in harsh mountainous conditions in the Himalayan region, examples from other parts of the world such as Kyrgyzstan, Israel, Switzerland and Finland provide an opportunity for comparison of marginality and marginalization from around the world. Also addressed are issues such as livelihood, outmigration and environmental threats, taking into account the conditions, scale and perspective of observation. Throughout the text, particular attention is given to the context and concept of ‘marginalization’, which sadly remains a persistent reality of human life. It is in this context that this book seeks to advance our global understanding of what marginalization is, how it is manifested and what causes it, while also proposing remedial strategies.

Reinventing Legal Education explores how clinical legal education - a new frontier for European public interest lawyering - is reforming law teaching and practice in Europe.

Examines the history of the struggle to advance human rights and provides a global framework of constitutional protections to implement these rights.

Defined by custom and treaty, and now increasingly embodied in charters, regulations, and resolutions of international organizations, does the existence of international law point to progress in humankind's capacity for moral conduct? Or does the lack of a discernible ethical foundation in either law or political action make progress impossible to define? In Law and Moral Action in World Politics, the authors -- activists and scholars of international law and international relations -- pose these questions in new ways. Some adhere to a progressive reading of the law; others adopt a critical stance. Topics included the function and historical evolution of the law; the cultural and intellectual assumptions of influential legal texts; and the experiences of legal activists in using law to pursue moral ends, including the rights of indigenous people and the protection of international law itself.

"What Good Condition? collects edited papers, initially delivered at the Treaty Advancing Reconciliation conference, on the proposal for a treaty between Aboriginal and non-Aboriginal Australians, a proposal which has been discussed and dissected for nearly 30 years. Featuring contributions from prominent Aboriginal community leaders, legal experts and academics, this capacious work provides an overview of the context and legacy of the residue of treaty proposals and negotiations in past decades; a consideration of the implications of treaty in an Indigenous, national and international context; and, finally, some reflections on regional aspirations and achievements."--Publisher's description.