Indigenous Peoples in International LawIn this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity. |
Contents
Introduction | 3 |
The Historical Context | 15 |
Developments within the Modern Era of Human Rights | 49 |
A Foundational Principle | 97 |
SelfDetermination and Contemporary International Practice | 110 |
Norms Elaborating the Elements of SelfDetermination | 129 |
The Duty of States to Implement International Norms | 185 |
International Monitoring Procedures | 217 |
International Complaint Procedures | 248 |
The Awas Tingni Case | 266 |
Conclusion | 289 |
Protection for Indigenous Peoples | 328 |
Bibliography | 343 |
Table of Principal Documents | 367 |
Table of Cases | 373 |
379 | |
Other editions - View all
Common terms and phrases
aboriginal accompanying text adopted affirmed American Convention American Declaration apply article 27 Awas Tingni Canada CERD Civil and Political Colombia Commission on Human complaint Constitution Covenant on Civil customary decision decolonization Derechos digenous discussing domestic draft economic established European G.A. Res Group on Indigenous Human Rights Committee ILO Convention implementation Indian indige IndÃgenas Indigenous and Tribal indigenous communities indigenous groups indigenous land indigenous nations Indigenous Populations indigenous rights infra institutions Inter-American Commission International Covenant international human rights International Labour Conference International Labour Organization international law international norms land rights legislation ment Mikmaq Miskito Native Title Nicaragua Organization paras participation principle procedures programs promote Protection relevant Report Resolution Rights of Indigenous Saami self-determination self-government Sess social sovereignty special rapporteur sub-commission supra chapter supra note territories tion traditional treaties U.N. Doc U.N. Working Group United Nations violations Western Shoshone World World Bank Yanomami