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- Title
From M'Intosh to Endorois: Creation of an International Indigenous Right to Land.
- Authors
Mennen, Tiernan; Morel, Cynthia
- Abstract
Vestiges of colonial land regimes still plague both developing and industrialised societies and further marginalise vulnerable, indigenous populations worldwide. Recent progressive jurisprudence--in particular the Endorois case out of Kenya--has begun to change this landscape. This Article streamlines the debate on indigenous and native rights to land by synthesising historical and modern developments in common law and international legal systems that definitively establish native title rights. It eontextualises the history of dispossession experienced by indigenous peoples and the constitutional and legal reforms needed to change both law and practice. Despite developments over the last decades, native title recognition is far from universal. Many countries lag behind in recognition and in the process condone exploitative colonial legacies. This Article argues for an immediate increased emphasis on implementing reforms that respond to modern jurisprudence and the growing international consensus on indigenous rights to land.
- Subjects
KENYA; ENDOROIS (African people); INDIGENOUS rights; POLITICAL violence; LEGAL status of indigenous peoples; JURISPRUDENCE; LANDSCAPES; JUSTICE administration
- Publication
Tulane Journal of International & Comparative Law, 2012, Vol 21, Issue 1, p37
- ISSN
1069-4455
- Publication type
Article