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    The legal recognition of indigenous interests in Japan and Taiwan

    Access Status
    Fulltext not available
    Authors
    Gao, Xiangpeng
    Charlton, G.
    Takahashi, M.
    Date
    2016
    Type
    Journal Article
    
    Metadata
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    Citation
    Gao, X. and Charlton, G. and Takahashi, M. 2016. The legal recognition of indigenous interests in Japan and Taiwan. Asia Pacific Law Review. 24 (1): pp. 60-82.
    Source Title
    Asia Pacific Law Review
    DOI
    10.1080/10192577.2016.1204685
    ISSN
    1019-2557
    School
    Department of Chemical Engineering
    URI
    http://hdl.handle.net/20.500.11937/51228
    Collection
    • Curtin Research Publications
    Abstract

    © 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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