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題名 The law relating to hunting and gathering rights in the traditional territories of Taiwan’s indigenous peoples
作者 Charlton, Guy C
Gao, Xiang
官大偉
Kuan, Da-Wei
貢獻者 民族系
關鍵詞 Taiwan; Indigenous Taiwanese; indigenous rights; indigenous hunting and gathering; international norm; Declaration on the Rights of Indigenous Peoples
日期 2017-12
上傳時間 15-Aug-2018 17:06:27 (UTC+8)
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.
關聯 Asia Pacific Law Review, Vol.25, No.2, pp.125-148
資料類型 article
DOI https://doi.org/10.1080/10192557.2017.1403792
dc.contributor 民族系
dc.creator (作者) Charlton, Guy Cen_US
dc.creator (作者) Gao, Xiangen_US
dc.creator (作者) 官大偉zh_TW
dc.creator (作者) Kuan, Da-Weien_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 Peoplesen_US
dc.title (題名) The law relating to hunting and gathering rights in the traditional territories of Taiwan’s indigenous peoplesen_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