Regaining Paradise Lost: Indigenous Land Rights and Tourism
portes grátis
Regaining Paradise Lost: Indigenous Land Rights and Tourism
Using the UNGPs on Business and Human Rights in Mainstreaming Indigenous Land Rights in the Tourism Industry
Brill
11/2018
322
Dura
Inglês
9789004376779
15 a 20 dias
Descrição não disponível.
List of Illustrations List of Cases Acknowledgements Terms, Abbreviations and Acronyms Glossary of Terms Introduction 1 Indigenous Peoples and International Law 1 Historical Underpinnings 2 Developments in International Law: An Overview I Natural Law and the Law of Nations II The Uncivilized Other 3 The International Labour Organization I The "Native Labour Code" II The Integrationist Paradigm and Milestones in 1950s III Ilo Convention Concerning the Protection and Integration of Indigenous and Other Tribal and Semi- Tribal Populations in Independent Countries 4 The United Nations and the Human Rights Regime 5 The Ilo's Indigenous and Tribal Peoples Convention, 1989 I Shifts in the Paradigm II Consultation and Participation III Land and Indigenous Peoples 6 The UN Declaration on the Rights of Indigenous Peoples I Individual and Collective Rights II Self-Determination III Free, Prior, and Informed Consent 7 Conclusion 2 Soft Law and Hard Realities: The UN Guiding Principles on Business and Human Rights 1 Cautionary Tales 2 Developments in the Business and Human Rights Discourse 3 The United Nations "Protect, Respect and Remedy" Framework I The Three Pillars of the UNGPs II Principled Pragmatism 4 Conclusion 3 Indigenous Filipinos: The Regalian Doctrine and Indigenous Rights Prior to the 1987 Constitution 1 Pre-Colonial Philippines 2 Introduction of the Regalian Doctrine 3 The American Succession I American Policies on Indigenous Filipinos II Indigenous Peoples in Jurisprudence 4 Land Policies During the Colonial Government and the Regalian Doctrine in the 1935 Constitution 5 Iteration of the Regalian Doctrine in the 1973 Constitution I The Marcos Regime's Policy on Indigenous Peoples II Ancestral Territories as Part of the Public Domain 6 Conclusion 4 Indigenous Rights under the 1987 Constitution 1 The Status of International Law in the 1987 Constitution and Philippine Jurisprudence I The Philippines as a Dualist State II Judicial Review 2 Philippine Human Rights Law I Human Rights in Jurisprudence II The Philippine Commission on Human Rights: Bastion of Human Rights or Paper Tiger? 3 Obligations under the International Bill of Human Rights and the Core Treaties 4 The Current Iteration of the Regalian Doctrine 5 Indigenous Rights Discourse under the 1987 Constitution 6 Developments Prior to the Passage of the IPRA I Pre-IPRA Government Agencies II Indigenous Peoples in Autonomous Regions III DENR Administrative Order No. 02, Series of 1993 7 The Indigenous Peoples Rights Act of 1997 I Indigenous Peoples in the Philippines II Legal Basis of the ipra and Its Governing Principles 8 The IPRA's Rights Protection Regime I Rights to Ancestral Domains and Lands II The Right to Social Justice and Human Rights III Right to Self-Governance and Empowerment IV Right to Cultural Integrity V Right to Remedies 9 The Right to FPIC in Tourism: the Experience of the Calamian Tagbanua of Coron Island, Palawan 10 Conclusion 5 Tourism and Indigenous Land Rights 1 Tourism's Impacts on Indigenous Rights 2 The UN World Tourism Organization 3 The Global Code of Tourism Ethics I The Gcet's 10 Principles II Analyzing the GCET III The Framework Convention on Tourism Ethics and Its Optional Protocol 4 Tourism in the Philippines I The Tourism Act of 2009 II Tourism Governance III Tourism Enterprise Zones IV Grievance Mechanisms V Incentives for Social Responsibility Initiatives 5 Respecting Human Rights in the Tourism Industry I Corporate Policy Commitment II Human Rights Due Diligence in Tourism III Dispute Resolution through the World Committee on Tourism Ethics 6 Conclusion 6 The Ati Community of Boracay Island 1 Boracay: Profile of an Island Paradise 2 Remembering The Ati's Boracay I Boracay before Mass Tourism II The First Boracaynon III The Contemporary Ati Community 3 Tourism on the Rise I Boracay as a Tourist Zone II Tourism Governance in Boracay 4 Displacement and Resettlement I Relocation to Bolabog II Charity-Based Approach to Displacement 5 The Political Alternative: an Ati Reservation via Presidential Proclamation 6 Presidential Proclamation No. 1064 7 The Ati as Rights-Holders: The CADT Application Process I Consultation and Data Gathering (2001 to 2006) II The NCIP Bureaucracy III The "Ati Problem" IV Delay in the Delineation of the Ati's Ancestral Domains 8 The Ati and Their Ancestral Domains I Issuance of the CADT II Occupation through "Self-Installation" 9 Death in the Community 10 Conclusion I Obstacles to the Implementation of the IPRA II Human-Rights Based Approach vis-a-vis Altruism and Charity III Justice for Dexter IV Basis of the NCIP En Banc's 19 April 2012 Decision on the Case for Injunction V Tourism and the Ati of Boracay Conclusion Bibliography Index
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List of Illustrations List of Cases Acknowledgements Terms, Abbreviations and Acronyms Glossary of Terms Introduction 1 Indigenous Peoples and International Law 1 Historical Underpinnings 2 Developments in International Law: An Overview I Natural Law and the Law of Nations II The Uncivilized Other 3 The International Labour Organization I The "Native Labour Code" II The Integrationist Paradigm and Milestones in 1950s III Ilo Convention Concerning the Protection and Integration of Indigenous and Other Tribal and Semi- Tribal Populations in Independent Countries 4 The United Nations and the Human Rights Regime 5 The Ilo's Indigenous and Tribal Peoples Convention, 1989 I Shifts in the Paradigm II Consultation and Participation III Land and Indigenous Peoples 6 The UN Declaration on the Rights of Indigenous Peoples I Individual and Collective Rights II Self-Determination III Free, Prior, and Informed Consent 7 Conclusion 2 Soft Law and Hard Realities: The UN Guiding Principles on Business and Human Rights 1 Cautionary Tales 2 Developments in the Business and Human Rights Discourse 3 The United Nations "Protect, Respect and Remedy" Framework I The Three Pillars of the UNGPs II Principled Pragmatism 4 Conclusion 3 Indigenous Filipinos: The Regalian Doctrine and Indigenous Rights Prior to the 1987 Constitution 1 Pre-Colonial Philippines 2 Introduction of the Regalian Doctrine 3 The American Succession I American Policies on Indigenous Filipinos II Indigenous Peoples in Jurisprudence 4 Land Policies During the Colonial Government and the Regalian Doctrine in the 1935 Constitution 5 Iteration of the Regalian Doctrine in the 1973 Constitution I The Marcos Regime's Policy on Indigenous Peoples II Ancestral Territories as Part of the Public Domain 6 Conclusion 4 Indigenous Rights under the 1987 Constitution 1 The Status of International Law in the 1987 Constitution and Philippine Jurisprudence I The Philippines as a Dualist State II Judicial Review 2 Philippine Human Rights Law I Human Rights in Jurisprudence II The Philippine Commission on Human Rights: Bastion of Human Rights or Paper Tiger? 3 Obligations under the International Bill of Human Rights and the Core Treaties 4 The Current Iteration of the Regalian Doctrine 5 Indigenous Rights Discourse under the 1987 Constitution 6 Developments Prior to the Passage of the IPRA I Pre-IPRA Government Agencies II Indigenous Peoples in Autonomous Regions III DENR Administrative Order No. 02, Series of 1993 7 The Indigenous Peoples Rights Act of 1997 I Indigenous Peoples in the Philippines II Legal Basis of the ipra and Its Governing Principles 8 The IPRA's Rights Protection Regime I Rights to Ancestral Domains and Lands II The Right to Social Justice and Human Rights III Right to Self-Governance and Empowerment IV Right to Cultural Integrity V Right to Remedies 9 The Right to FPIC in Tourism: the Experience of the Calamian Tagbanua of Coron Island, Palawan 10 Conclusion 5 Tourism and Indigenous Land Rights 1 Tourism's Impacts on Indigenous Rights 2 The UN World Tourism Organization 3 The Global Code of Tourism Ethics I The Gcet's 10 Principles II Analyzing the GCET III The Framework Convention on Tourism Ethics and Its Optional Protocol 4 Tourism in the Philippines I The Tourism Act of 2009 II Tourism Governance III Tourism Enterprise Zones IV Grievance Mechanisms V Incentives for Social Responsibility Initiatives 5 Respecting Human Rights in the Tourism Industry I Corporate Policy Commitment II Human Rights Due Diligence in Tourism III Dispute Resolution through the World Committee on Tourism Ethics 6 Conclusion 6 The Ati Community of Boracay Island 1 Boracay: Profile of an Island Paradise 2 Remembering The Ati's Boracay I Boracay before Mass Tourism II The First Boracaynon III The Contemporary Ati Community 3 Tourism on the Rise I Boracay as a Tourist Zone II Tourism Governance in Boracay 4 Displacement and Resettlement I Relocation to Bolabog II Charity-Based Approach to Displacement 5 The Political Alternative: an Ati Reservation via Presidential Proclamation 6 Presidential Proclamation No. 1064 7 The Ati as Rights-Holders: The CADT Application Process I Consultation and Data Gathering (2001 to 2006) II The NCIP Bureaucracy III The "Ati Problem" IV Delay in the Delineation of the Ati's Ancestral Domains 8 The Ati and Their Ancestral Domains I Issuance of the CADT II Occupation through "Self-Installation" 9 Death in the Community 10 Conclusion I Obstacles to the Implementation of the IPRA II Human-Rights Based Approach vis-a-vis Altruism and Charity III Justice for Dexter IV Basis of the NCIP En Banc's 19 April 2012 Decision on the Case for Injunction V Tourism and the Ati of Boracay Conclusion Bibliography Index
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