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9781901362404 English 190136240X Indigenous Peoples and Human Rights examines the treatment of Indigenous peoples in international law and compares domestic laws affecting Indigenous peoples across a range of jurisdictions. It highlights the increasing role of Indigenous Peoples in developing and subverting international laws and practices. The book considers the theory and practice of international law during encounters between Indigenous peoples and European colonial powers. It addresses the role of international law in supporting colonisation as well as more recent developments as a vehicle for Indigenous rights and participation. The book draws on colonial and post-colonial experiences of Indigenous peoples across, primarily, Australia and the Asia Pacific, America and Canada and Europe. The book frames its discussion of the law in practice with a theoretical account of Indigenous claims, rights and remedies and the relationship between legal and political processes of dispute resolution. The book also points to unresolved issues in international and comparative law and charts possible future directions in law and practice., Indigenous Peoples and Human Rights explores how general human rights standards have enabled, empowered and constrained indigenous peoples in claiming and defending their essential economic, social, cultural, civil and political interests. The book examines the jurisprudence of United Nations treaty committees and regional human rights bodies (in Africa, the Americas and Europe) that have interpreted and applied human rights standards to the special circumstances and experiences of indigenous peoples. It focuses particularly on how human rights laws since the 1960s have been drawn upon by indigenous activists and victims to protect their interests in ancestral lands, natural resources, culture and language. It further explores the right to indigenous self-determination; civil and political rights; economic, social and cultural rights (including labour rights); family and children's rights; violence and discrimination against indigenous peoples; and access to justice and remedies for violations. The book also discusses international and regional efforts to define who is 'indigenous' and who is a 'minority', and the legal relationship between indigenous individuals and their communities. The jurisprudence considered in this book significantly shaped the UN Declaration on the Rights of Indigenous Peoples 2007, which particularises and adapts general human rights standards for indigenous peoples. The book concludes by exploring future normative and implementation challenges in the light of the standard setting and consolidation, and political momentum, surrounding the UN Declaration and associated UN human rights mechanisms., Indigenous Peoples in International and Comparative Law examines the treatment of Indigenous peoples in international law and compares domestic laws affecting Indigenous peoples across a range of jurisdictions. It highlights the increasing role of Indigenous Peoples in developing and subverting international laws and practices. The book considers the theory and practice of international law during encounters between Indigenous peoples and European colonial powers. It addresses the role of international law in supporting colonisation as well as more recent developments as a vehicle for Indigenous rights and participation. The book draws on colonial and post-colonial experiences of Indigenous peoples across, primarily, Australia and the Asia Pacific, America and Canada and Europe. The book frames its discussion of the law in practice with a theoretical account of Indigenous claims, rights and remedies and the relationship between legal and political processes of dispute resolution. The book also points to unresolved issues in international and comparative law and charts possible future directions in law and practice., This book provides a comprehensive examination of the treatment of Indigenous peoples in international law and from a comparative law perspective. While scholarly in approach, it is also intended to be used as a textbook for university students, and therefore covers a broad range of topics relevant to the study of Indigenous People and International Law. The book first considers the theory and practice of international law in encounters between Indigenous peoples and European colonial powers. It examines the prevailing legal doctrines governing acquisition of title to territory, underlying concepts of sovereignty, authority and self-determination, and competing theoretical approaches to conceptualising Indigenous legal interests. It then investigates how domestic legal systems applied, ignored or challenged relevant international law norms during the colonial era and explores the dominant legal discourses operating at the national level.The book goes on to consider how international law has developed to enable Indigenous peoples to challenge their treatment in national legal systems, particularly through the human rights machinery and political organs of the UN.The book draws on the colonial and post-colonial experiences of Indigenous peoples across Australasia, America and Canada, Africa, the Middle East and Europe.
9781901362404 English 190136240X Indigenous Peoples and Human Rights examines the treatment of Indigenous peoples in international law and compares domestic laws affecting Indigenous peoples across a range of jurisdictions. It highlights the increasing role of Indigenous Peoples in developing and subverting international laws and practices. The book considers the theory and practice of international law during encounters between Indigenous peoples and European colonial powers. It addresses the role of international law in supporting colonisation as well as more recent developments as a vehicle for Indigenous rights and participation. The book draws on colonial and post-colonial experiences of Indigenous peoples across, primarily, Australia and the Asia Pacific, America and Canada and Europe. The book frames its discussion of the law in practice with a theoretical account of Indigenous claims, rights and remedies and the relationship between legal and political processes of dispute resolution. The book also points to unresolved issues in international and comparative law and charts possible future directions in law and practice., Indigenous Peoples and Human Rights explores how general human rights standards have enabled, empowered and constrained indigenous peoples in claiming and defending their essential economic, social, cultural, civil and political interests. The book examines the jurisprudence of United Nations treaty committees and regional human rights bodies (in Africa, the Americas and Europe) that have interpreted and applied human rights standards to the special circumstances and experiences of indigenous peoples. It focuses particularly on how human rights laws since the 1960s have been drawn upon by indigenous activists and victims to protect their interests in ancestral lands, natural resources, culture and language. It further explores the right to indigenous self-determination; civil and political rights; economic, social and cultural rights (including labour rights); family and children's rights; violence and discrimination against indigenous peoples; and access to justice and remedies for violations. The book also discusses international and regional efforts to define who is 'indigenous' and who is a 'minority', and the legal relationship between indigenous individuals and their communities. The jurisprudence considered in this book significantly shaped the UN Declaration on the Rights of Indigenous Peoples 2007, which particularises and adapts general human rights standards for indigenous peoples. The book concludes by exploring future normative and implementation challenges in the light of the standard setting and consolidation, and political momentum, surrounding the UN Declaration and associated UN human rights mechanisms., Indigenous Peoples in International and Comparative Law examines the treatment of Indigenous peoples in international law and compares domestic laws affecting Indigenous peoples across a range of jurisdictions. It highlights the increasing role of Indigenous Peoples in developing and subverting international laws and practices. The book considers the theory and practice of international law during encounters between Indigenous peoples and European colonial powers. It addresses the role of international law in supporting colonisation as well as more recent developments as a vehicle for Indigenous rights and participation. The book draws on colonial and post-colonial experiences of Indigenous peoples across, primarily, Australia and the Asia Pacific, America and Canada and Europe. The book frames its discussion of the law in practice with a theoretical account of Indigenous claims, rights and remedies and the relationship between legal and political processes of dispute resolution. The book also points to unresolved issues in international and comparative law and charts possible future directions in law and practice., This book provides a comprehensive examination of the treatment of Indigenous peoples in international law and from a comparative law perspective. While scholarly in approach, it is also intended to be used as a textbook for university students, and therefore covers a broad range of topics relevant to the study of Indigenous People and International Law. The book first considers the theory and practice of international law in encounters between Indigenous peoples and European colonial powers. It examines the prevailing legal doctrines governing acquisition of title to territory, underlying concepts of sovereignty, authority and self-determination, and competing theoretical approaches to conceptualising Indigenous legal interests. It then investigates how domestic legal systems applied, ignored or challenged relevant international law norms during the colonial era and explores the dominant legal discourses operating at the national level.The book goes on to consider how international law has developed to enable Indigenous peoples to challenge their treatment in national legal systems, particularly through the human rights machinery and political organs of the UN.The book draws on the colonial and post-colonial experiences of Indigenous peoples across Australasia, America and Canada, Africa, the Middle East and Europe.