Indigenous Peoples in International Law

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Oxford University Press, 2004 - Law - 396 pages
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In 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.

 

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Contents

Introduction
3
Developments within the Modern Era of Human Rights
49
CONTEMPORARY INTERNATIONAL NORMS
95
SelfDetermination and Contemporary International Practice
110
Norms Elaborating the Elements of SelfDetermination
129
Lands and Natural Resources
141
The Duty of States to Implement International Norms
185
NORM IMPLEMENTATION
215
Committee and CERD
228
International Complaint Procedures
248
Conclusion
289
Bibliography
343
Table of Principal Documents
367
Table of Cases
373
Index
379
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About the author (2004)


S. James Anaya is James J. Lenoir Professor of Human Rights Law and Policy at the University of Arizona, James E. Rogers College of Law, where he teaches and writes in the fields of international human rights, indigenous peoples' rights, and constitutional law. He has practiced law representing Native American peoples and organizations in matters before United States courts and international institutions.

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