2010 Fiscal Year Final Research Report
Indigenous Peoples' Land Rights under International Law
| Project/Area Number |
21830136
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| Research Category |
Grant-in-Aid for Research Activity Start-up
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| Allocation Type | Single-year Grants |
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| Research Field |
International law
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| Research Institution | Chukyo University |
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Principal Investigator |
MATSUMOTO Yuko (OSAKADA Yuko) Chukyo University, 法学部, 准教授 (90550731)
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| Project Period (FY) |
2009 – 2010
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| Keywords | 国際法 / 国際人権法 / 先住民族 / アイヌ / 土地権 |
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| Research Abstract |
First, this research has revealed two approaches to recognize indigenous peoples' land rights under international human rights. One is to emphasize the special relationship between indigenous peoples and their lands, the other is to approve their rights to restitution or compensation for their traditional lands which have been unreasonably deprived of. Secondly, this research indicated there is a danger that the subject of indigenous peoples' land rights in Africa will expand unlimitedly. This is because the concept of indigenous peoples, which was traditionally understood in relation to the colonialism, has been broadened to be applied to ethnic minorities in Africa, and besides, by taking the former approach, the status of pre-invasion is not necessarily required as the condition of indigenous peoples' land rights.
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