Liberal defences of nationalism have become prevalent since the mid-1980’s. Curiously, they have largely neglected the fact that nationalism is primarily about land. Should liberals throw up their hands in despair when confronting conflicting claims stemming from incommensurable national narratives and holy texts? Should they dismiss conflicting demands that stem solely from particular cultures, religions and mythologies in favour of a supposedly neutral set of guidelines? Does history matter? Should ancient injustices interest us today? Should we care who reached the territory first and who were its prior inhabitants? Should principles of utility play a part in resolving territorial disputes? Was John Locke right to argue that the utilisation of land counts in favour of its acquisition? And should Western style settlement projects work in favour or against a nation’s territorial demands? When and how should principles of equality and equal distribution come into play? Territorial Rights examines the generic types of territorial claims customarily put forward by national groups as justification for their territorial demands, within the framework of what has come to be known as ‘liberal nationalism’. The final outcome is a multifarious theory on the ethics of territorial boundaries that supplies a workable set of guidelines for evaluating territorial disputes from a liberal-national perspective, and offers a common ground for discussion (including disagreement) and for the mediation of claims.

This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements. The first edition of this ground-breaking book was published in 2006, at the time the negotiations for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) were still underway. The adoption of the Declaration in 2007 marks an important moment not only in terms of law-making, but also represents the achievement of long decades of lobbying and advocacy from indigenous peoples’ representatives. This fully revised new edition reflects on the 10 years which have followed the adoption of the UNDRIP and examines its impact regarding indigenous peoples’ land rights. Its aim is not only to assess the importance of the UNDRIP in terms of international standards, but also to reflect on the ‘maturing’ of international law in relation to indigenous peoples’ land rights. Over the last 10 years these have reached a new level of visibility and a voluminous new jurisprudence and doctrine have been developed. Praise for the first edition: "Gilbert’s passion for his subject is palpable and illuminates every page, as do his zeal to expose international law’s complicity in indigenous peoples’ loss of their territories and tentative hope that international law might now provide some protection of indigenous peoples’ lands. The choice of topic is also to be applauded. There are few texts that examine indigenous peoples’ land rights in such depth.” Claire Charters, Associate Professor, University of Auckland, New Zealand (in International and Comparative Law Quarterly (ICLQ) "Gilbert’s gaze is firmly fixed on the future and the question how international law will reflect lex ferenda on indigenous land rights. His interpretation of international law must be seen in this light. He is looking beyond the current controversies in the rights discourse towards a more conciliatory phase in state-indigenous relations. International law undoubtedly has an important role to play in his vision, but its primary function is to facilitate dialogue rather than as a combative and adversarial mechanism. (..) Gilbert’s book is a tour de force on indigenous territoriality.” Stephen Allen, Senior Lecturer in Law, Queen Mary University London, United Kingdom (in International Journal on Minority and Group Rights

The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.

Innovations in Land Rights Recognition, Administration, and Governance is part of the World Bank Studies series. These papers are published to communicate the results of the Bank's ongoing research and to stimulate public discussion. The importance of good land governance to strengthen women's land rights, facilitate landrelated investment, transfer land to better uses, use it as collateral, and allow effective decentralization through collection of property taxes has long been recognized. The breadth and depth of papers included in this volume, all of which were presented at the World Bank's Annual Conference on Land Policy and Administration, illustrate the importance of good land governance and the benefits of collaboration among partners to act in a coordinated fashion to address the challenges posed by recent global developments. This volume hopes to increase awareness of and support to the successful implementation of innovative approaches that can help to not only improve land governance, but also contribute to the well-being of the poorest and the achievement of the Millennium Development Goals. World Bank Studies are available individually or on standing order. The World Bank Studies series is also available online through the World Bank e-library (www.worldbank.org/elibrary).

Little is know about the Chittagong Hill Tracts of Bangladesh (CHT), an area of approximately 5,089 square miles in southeastern Bangladesh. It is inhabited by indigenous peoples, including the Bawm, Sak, Chakma, Khumi Khyang, Marma, Mru, Lushai, Uchay (also called Mrung, Brong, Hill Tripura), Pankho, Tanchangya and Tripura (Tipra), numbering over half a million. Originally inhabited exclusively by indigenous peoples, the Hill Tracts has been impacted by national projects and programs with dire consequences. This book describes the struggle of the indigenous peoples of the Chittagong Hill Tracts region to regain control over their ancestral land and resource rights. From sovereign nations to the limited autonomy of today, the report details the legal basis of the land rights of the indigenous peoples and the different tools employed by successive administrations to exploit their resources and divest them of their ancestral lands and territories. The book argues that development programs need to be implemented in a culturally appropriate manner to be truly sustainable, and with the consent and participation of the peoples concerned. Otherwise, they only serve to push an already vulnerable people into greater impoverishment and hardship. The devastation wrought by large-scale dams and forestry policies cloaked as development programs is succinctly described in this report, as is the population transfer and militarization. The interaction of all these factors in the process of assimilation and integration is the background for this book, analyzed within the perspective of indigenous and national law, and complemented by international legal approaches. The book concludes with an updateon the developments since the signing of the Peace Accord between the Government of Bangladesh and the Jana Sanghati Samiti (JSS) on December 2, 1997.

Margaret Moore offers a comprehensive normative theory of territory. She provides an account both of the nature of rights to territory and of the nature of the right-holder, considering the arguments that might justify state territory as well as the appropriate relationship between the state, the people, and the land implied by that justificatory argument.

The word ‘territory’ has taken on renewed significance in a world where its close association with state sovereignty has made a serious comeback, invoked alike by proponents of Brexit in the UK, ‘Making America Great Again’ in the USA, and myriad populists from India to Brazil by way of Italy and Hungary. The word has had a contentious history in social science and political theory. In its first seven years, the journal Territory, Politics, Governance has published numerous articles examining the ways in which territory figures into contemporary political debates and its limits as a concept when applied to a world in which sovereignty never has simply pooled up within self-evidently distinctive blocs of space named as ‘territories.’ Among other things, the limits of territory are apparent in terms of the history of a global capitalism that always bursts beyond established boundaries, the fact that some states are much more powerful and exercise much more spatial reach than do others, and that the political uses of territory in its current usage date back predominantly to seventeenth century Europe rather than being historically transcendental or worldwide. The articles in this book are selected from Territory, Politics, Governance to survey many of the dilemmas and questions that haunt the concept of territory even as its current efflorescence in political discourse ignores them.

The book covers professional, Olympic and collegiate sports and each chapter has a fully developed introduction to explaine the relevance of the articles to be presented.

The book provides a comprehensive and updated introduction to concept of territory in the study of democratic politics. Territory plays a rather marginal role in the traditional conceptions of democracy that in many ways still prevail today. Democratic politics is often analysed from the point of view of its institutions, citizens and voters, while little is said about the territory through which it is expressed – at most it provides a broader perimeter or context of political and institutional action. The book offers, instead, an introductory theoretically-oriented discussion of crucial issues such as the genesis of state-nation, the transformation of democratic citizenship, the current borders’ policies, the rising of territorial populism and the experience of 19-covid pandemic. This is an open access book.

" ... A collection of essays written by distinguished scholars across the fields of law, political science, and philosophy that examine questions of travel and migration across national borders. The volume explores questions of border control and enforcement, criminalization of borders, and how to address current debates and changes in regards to migration and immigration."--Back cover.