This highly original work demonstrates the role and importance of customary law as the primary source of law for indigenous peoples all over the world. The book reviews the relationship between customary, positive and natural law from the time of Plato up to the present day. It examines its recognition in constitutional law and in international human rights and environmental instruments.
Introduction 1. Customary Law in Context 2. Self-Determination in Practice 3. Where Custom is the Law 4. In Search of the Living Law 5. Ancestral Rights Recovered: Lands and Traditional Territories 6. Natural Resources or Essences of Life? 7. Right to Culture and Cultural Heritage 8. Traditional Knowledge 9. Intercultural Equity and Justice In Closing: Traditions for the Future