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OverviewMary Kristerie A. Baleva's Regaining Paradise Lost: Indigenous Land Rights and Tourism uses the UN Guiding Principles on Business and Human Rights as its overarching legal framework to analyze the intersections of indigenous land rights and the tourism industry. Drawing from treatises, treaties, and case law, it traces the development of indigenous rights discourse from the Age of Discovery to the adoption of the UN Declaration on the Rights of Indigenous Peoples. The book highlights the Philippines, home to a rich diversity of indigenous peoples, and a country that considers tourism as an important contributor to economic development. It chronicles the Ati Community's 15-year struggle for recognition of their ancestral domains in Boracay Island, the region's premiere beach destination. Full Product DetailsAuthor: Mary Kristerie A. BalevaPublisher: Brill Imprint: Martinus Nijhoff Volume: 126 Weight: 0.674kg ISBN: 9789004376779ISBN 10: 9004376771 Pages: 322 Publication Date: 22 November 2018 Audience: Professional and scholarly , College/higher education , Professional & Vocational , Postgraduate, Research & Scholarly Format: Hardback Publisher's Status: Active Availability: In stock  We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately. Table of ContentsList 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 IndexReviewsAuthor InformationMary Kristerie A. Baleva, Ph.D. (2017) is a human rights lawyer serving in the Philippines' Department of Environment and Natural Resources. She has published articles on business and human rights, and the proceedings at the Khmer Rouge Tribunal in Cambodia. Tab Content 6Author Website:Countries AvailableAll regions |
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