From Territorial Claims to Mediated Access

From Territorial Claims to Mediated Access
Title From Territorial Claims to Mediated Access PDF eBook
Author Ramzi Tubbeh Sierralta
Publisher
Pages
Release 2017
Genre
ISBN

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Indigenous organizations in Latin America and Peru consider territorial control the paramount condition for the reproduction and manifestation of indigenous peoples cultural lives, in addition to the security of their livelihoods and the pursuit of autonomy. Geographers and other social theorists have deconstructed territory (Delaney, 2005; Elden, 2010; Painter, 2010), property (Blomley, 2011, 2016; Bromley, 1991; Ribot & Peluso, 2003; Sikor & Lund, 2009), and indigeneity (Anthias, 2016a; Radcliffe, 2017; Yeh & Bryan, 2015). Their theories help to make sense of the shortcomings and unintended consequences of what I label the ethnoterritorial fix: the titling of indigenous peoples ancestral lands as common property in an attempt to fix or mitigate legacies of colonization. I focus on the failure of the ethnoterritorial fix to facilitate indigenous peoples access to resources. After analyzing the relationships between colonization, territory, property rights, and access to timber and gold in two native communities in the Peruvian Amazon, I conclude that the encroachment of extractive economies into these spaces reduces legally titled native communities to spaces of ambivalence and dependency, instead of autonomy. In spite of their common property rights, community members endure tensions between protecting their lands and negotiating their property rights with outsiders, as a strategy for maintaining their own access.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Title Model Rules of Professional Conduct PDF eBook
Author American Bar Association. House of Delegates
Publisher American Bar Association
Pages 216
Release 2007
Genre Law
ISBN 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Essays on Mediation

Essays on Mediation
Title Essays on Mediation PDF eBook
Author Ian Macduff
Publisher Kluwer Law International B.V.
Pages 319
Release 2016-09-16
Genre Law
ISBN 9041183671

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Across a range of jurisdictions, in differing legal systems, mediation is achieving evergreater institutional and statutory force, and what not long ago was a marginal technique for dispute resolution is becoming mainstream and orthodox. But how firm a sense do we have about the social formation we call ‘mediation’? Through reflections and case histories, this distinctive collection of essays by experienced mediators from across the globe provides a clearer understanding than we have had heretofore of what mediation is and what it can offer as a practical, accessible and positive alternative in civil justice systems. The authors each address ways mediation has been or can be applied to dispute resolution in such pressing contexts as the following: • enduring and intense conflicts; • planning and environmental issues; • conflicts arising between refugee and ‘host’ communities; • elder care; • intercultural settings; • online communication; • science-based disputes; and • public policy disputes. The questions raised as to access to justice, identifying unmet needs, improving the provision of services, and fostering an ongoing conversation on mediation go well beyond the confines of commercial dispute resolution and the walls of courtrooms. Through the practical experiences described, useful and insightful perspectives emerge on the practice, principles and legitimacy of mediation. These invaluable reports and reflections on the powerful resources that mediation and mediators can bring to the table will be welcomed by a diversity of legal practitioners and jurists as well as academics.

On Mediation

On Mediation
Title On Mediation PDF eBook
Author Karl Härter
Publisher Berghahn Books
Pages 238
Release 2020-09-09
Genre Business & Economics
ISBN 178920870X

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Exploring mediation and related practices of conflict regulation, this book takes an interdisciplinary approach that includes historical, legal, anthropological and international perspectives. Divided into three sections, the volume observes historical and current relations between mediation and the criminal justice system and provides anthropological perspectives and case studies to explore mediation and arbitration in international arenas. In this regard, the book provides an innovative perspective on mediation and new insights into conflict regulation.

This Land Is Not for Sale

This Land Is Not for Sale
Title This Land Is Not for Sale PDF eBook
Author Lotte Meinert
Publisher Berghahn Books
Pages 258
Release 2023
Genre Social Science
ISBN 1800736975

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Although violent conflict has declined in northern Uganda, tensions and mistrust concerning land have increased. Residents try to deal with acquisitions by investors and exclusions from forests and wildlife reserves. Land wrangles among neighbours and relatives are widespread. The growing commodification of land challenges ideals of entrustment for future generations. Using extended case studies, collaborating researchers analyze the principles and practices that shape access to land. Contributors examine the multiplicity of land claims, the nature of transactions and the management of conflicts. They show how access to land is governed through intimate relations of gender, generation and belonging.

The New Enclosures: Critical Perspectives on Corporate Land Deals

The New Enclosures: Critical Perspectives on Corporate Land Deals
Title The New Enclosures: Critical Perspectives on Corporate Land Deals PDF eBook
Author Ben White
Publisher Routledge
Pages 615
Release 2013-09-13
Genre Science
ISBN 1317976843

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This collection explores the complex dynamics of corporate land deals from a broad agrarian political economy perspective, with a special focus on the implications for property and labour regimes, labour processes and structures of accumulation. This involves looking at ways in which existing patterns of rural social differentiation – in terms of class, gender, ethnicity and generation – are being shaped by changes in land use and property relations, as well as by the re-organization of production and exchange as rural communities and resources are incorporated into global commodity chains. It goes further than the descriptive ‘what’ and ‘who’ questions, in order to understand the ‘how’ and ‘why’ of these patterns. It is empirically solid and theoretically sophisticated, making it a robust and boundary-changing work. Contributors come from various scholarly disciplines. Covering nearly all regions of the world, the collection will be of interest to researchers from various disciplines, policymakers and activists. This book was originally published as a Special Issue of the Journal of Peasant Studies.

The Mediation Process

The Mediation Process
Title The Mediation Process PDF eBook
Author Christopher W. Moore
Publisher John Wiley & Sons
Pages 704
Release 2014-04-21
Genre Law
ISBN 1118304306

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The Fourth Edition of a seminal work in the field of mediation and conflict resolution For almost thirty years, conflict resolution practitioners, faculty, and students have depended on The Mediation Process as the all-inclusive guide to the discipline. The most comprehensive book written on mediation, this text is perfect for new and experienced conflict managers working in any area of dispute resolution—family, community, employment, business, environmental, public policy multicultural, or international. This is the expert's guide, and the Fourth Edition has been expanded and revised to keep pace with developments in the field. It includes new resources that will promote excellence in mediation and help disputants reach durable agreements and enhance their working relationships. Includes expanded information on the latest approaches for providing mediation assistance Features comprehensive guidelines for selecting the right strategy for both common and unique problems Utilizes updated, contemporary case studies of all types of disputes Offers expanded coverage of the growing field and practice of intercultural and international mediation