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| Title | The law relating to hunting and gathering rights in the traditional territories of Taiwan’s indigenous peoples |
| Creator | Charlton, Guy C Gao, Xiang 官大偉 Kuan, Da-Wei |
| Contributor | 民族系 |
| Key Words | Taiwan; Indigenous Taiwanese; indigenous rights; indigenous hunting and gathering; international norm; Declaration on the Rights of Indigenous Peoples |
| Date | 2017-12 |
| Date Issued | 15-Aug-2018 17:06:27 (UTC+8) |
| Summary | This paper describes and analyses the sources and content of Taiwanese and international law relating to indigenous hunting and gathering practices. The recognition of practices and the traditional territories in which these activities carried out is considered by indigenous groups to be a core aspect of their self-determination claims. It argues that while current law gives significant recognition to hunting and gathering rights, the rights have been inadequately implemented, and are inappropriately circumscribed by majoritarian notions of ‘traditional’ and indigenous culture. The result is that historic indigenous uses of land have been narrowly circumscribed using an unjustified notion of a static traditional culture and activities. It further argues that the failure to adequately delineate the extent of traditional territory and allow for co-management of the hunting and gathering practices within the territory intrude upon indigenous self-determination as guaranteed by international instruments and national law. |
| Relation | Asia Pacific Law Review, Vol.25, No.2, pp.125-148 |
| Type | article |
| DOI | https://doi.org/10.1080/10192557.2017.1403792 |
| dc.contributor | 民族系 | |
| dc.creator (作者) | Charlton, Guy C | en_US |
| dc.creator (作者) | Gao, Xiang | en_US |
| dc.creator (作者) | 官大偉 | zh_TW |
| dc.creator (作者) | Kuan, Da-Wei | en_US |
| dc.date (日期) | 2017-12 | |
| dc.date.accessioned | 15-Aug-2018 17:06:27 (UTC+8) | - |
| dc.date.available | 15-Aug-2018 17:06:27 (UTC+8) | - |
| dc.date.issued (上傳時間) | 15-Aug-2018 17:06:27 (UTC+8) | - |
| dc.identifier.uri (URI) | http://nccur.lib.nccu.edu.tw/handle/140.119/119371 | - |
| dc.description.abstract (摘要) | This paper describes and analyses the sources and content of Taiwanese and international law relating to indigenous hunting and gathering practices. The recognition of practices and the traditional territories in which these activities carried out is considered by indigenous groups to be a core aspect of their self-determination claims. It argues that while current law gives significant recognition to hunting and gathering rights, the rights have been inadequately implemented, and are inappropriately circumscribed by majoritarian notions of ‘traditional’ and indigenous culture. The result is that historic indigenous uses of land have been narrowly circumscribed using an unjustified notion of a static traditional culture and activities. It further argues that the failure to adequately delineate the extent of traditional territory and allow for co-management of the hunting and gathering practices within the territory intrude upon indigenous self-determination as guaranteed by international instruments and national law. | en_US |
| dc.format.extent | 148 bytes | - |
| dc.format.mimetype | text/html | - |
| dc.relation (關聯) | Asia Pacific Law Review, Vol.25, No.2, pp.125-148 | |
| dc.subject (關鍵詞) | Taiwan; Indigenous Taiwanese; indigenous rights; indigenous hunting and gathering; international norm; Declaration on the Rights of Indigenous Peoples | en_US |
| dc.title (題名) | The law relating to hunting and gathering rights in the traditional territories of Taiwan’s indigenous peoples | en_US |
| dc.type (資料類型) | article | |
| dc.identifier.doi (DOI) | 10.1080/10192557.2017.1403792 | |
| dc.doi.uri (DOI) | https://doi.org/10.1080/10192557.2017.1403792 |