Indigenous Peoples' Status in the International Legal System
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Product details:
- Publisher OUP Oxford
- Date of Publication 10 March 2016
- ISBN 9780198778196
- Binding Hardback
- No. of pages280 pages
- Size 240x162x24 mm
- Weight 624 g
- Language English 0
Categories
Short description:
This book demonstrates that the law governing the rights of indigenous people can be best understood through the study of two questions: What is meant by 'peoples' and 'equality' under international law?
MoreLong description:
While many have explored the law governing the rights of indigenous peoples through an examination of relevant instruments and institutions, this book demonstrates that international indigenous rights can be best understood through the study of two questions: What is meant by 'peoples' and 'equality' under international law?
Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume explains that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right to self-determination and sets out the content and scope of this right. The book additionally explores the contemporary meaning of 'equality', arguing that the understanding of equality fundamentally impacts what rights indigenous peoples possess over territories and natural resources. This book outlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.
Mattias Ahr--ns exceptional new book on the status of indigenous peoples under international law does not refer to Australia's haphazard and belated approach to recognition, or our stalled reconciliation process, but it does provide an illuminating, albeit sobering, reality check on the conceptual limits of non-Indigenous Australians. Each member of the federal Parliament would do well to read it.
Table of Contents:
Introduction
PART I
Classical International Law and Early Philosophy Theory on Peoples' Rights
Political Theory that Underpins the Law
International Law on International Legal Sources
PART II
Indigenous Peoples' Legal Status Under Contemporary International Law
The Content and Scope of the Right to Self-determination when Applied to Indigenous Peoples
PART III
The Right to Equality
Indigenous Communities' Property Rights over Lands and Natural Resources Traditionally Used
The More Precise Content and Scope of Indigenous Communities' Property Rights over Lands and Natural Resources Traditionally Used
Conclusion
Epilogue
