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. |
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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 |
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Common terms and phrases
aboriginal accompanying text accordance action activities adopted agreement American apply authority Awas Tingni bodies Canada chapter Civil claims colonial Commission on Human Committee communities complaint concerned Conference considered Constitution consultation continued Convention countries Court Covenant cultural customary decision determination Discrimination discussing domestic draft economic effective equal established European existing force historical Human Rights implementation independent Indian indigenous Indigenous Populations individuals institutions integrity Inter-American international law issues Labour lands legislation lntemational means measures Native natural norms observance Organization para paras participation particular political practice Press principle procedures promote Protection recognized regard relevant Report representatives requirements Resolution respect Rights of Indigenous rules secure self-determination situation social standards Statement status supra note territories tion traditional treaties Tribal U.N. Doc United Nations University violations Western Western Shoshone World