The legal recognition of indigenous interests in Japan and Taiwan

© 2016 School of Law, City University of Hong Kong.This article examines the legal recognition of indigenous interests in Japan andTaiwan. Both these states havemoved largely away from an ethnically defined conception of national identity and have taken steps to legally recognise and protect indigen...

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Main Authors: Gao, Xiangpeng, Charlton, G., Takahashi, M.
Format: Journal Article
Published: LexisNexis Hong Kong 2016
Online Access:http://hdl.handle.net/20.500.11937/51228
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author Gao, Xiangpeng
Charlton, G.
Takahashi, M.
author_facet Gao, Xiangpeng
Charlton, G.
Takahashi, M.
author_sort Gao, Xiangpeng
building Curtin Institutional Repository
collection Online Access
description © 2016 School of Law, City University of Hong Kong.This article examines the legal recognition of indigenous interests in Japan andTaiwan. Both these states havemoved largely away from an ethnically defined conception of national identity and have taken steps to legally recognise and protect indigenous communities and autonomy. However, the process has privileged indigenous cultural policies while providing less protection for other rights such as autonomy and control of natural resources. This article argues the emphasis on cultural protection and the rhetorical embrace of other indigenous rights without the concomitant policy and legal implementation is because international indigenous norms remain prescriptively ambiguous in the Japanese and Taiwanese context and are difficult to reconcile with Japanese and Taiwanese national identities.
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spelling curtin-20.500.11937-512282017-09-13T15:35:11Z The legal recognition of indigenous interests in Japan and Taiwan Gao, Xiangpeng Charlton, G. Takahashi, M. © 2016 School of Law, City University of Hong Kong.This article examines the legal recognition of indigenous interests in Japan andTaiwan. Both these states havemoved largely away from an ethnically defined conception of national identity and have taken steps to legally recognise and protect indigenous communities and autonomy. However, the process has privileged indigenous cultural policies while providing less protection for other rights such as autonomy and control of natural resources. This article argues the emphasis on cultural protection and the rhetorical embrace of other indigenous rights without the concomitant policy and legal implementation is because international indigenous norms remain prescriptively ambiguous in the Japanese and Taiwanese context and are difficult to reconcile with Japanese and Taiwanese national identities. 2016 Journal Article http://hdl.handle.net/20.500.11937/51228 10.1080/10192577.2016.1204685 LexisNexis Hong Kong restricted
spellingShingle Gao, Xiangpeng
Charlton, G.
Takahashi, M.
The legal recognition of indigenous interests in Japan and Taiwan
title The legal recognition of indigenous interests in Japan and Taiwan
title_full The legal recognition of indigenous interests in Japan and Taiwan
title_fullStr The legal recognition of indigenous interests in Japan and Taiwan
title_full_unstemmed The legal recognition of indigenous interests in Japan and Taiwan
title_short The legal recognition of indigenous interests in Japan and Taiwan
title_sort legal recognition of indigenous interests in japan and taiwan
url http://hdl.handle.net/20.500.11937/51228