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
| 3 | |
| 15 | |
| 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 |
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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Common terms and phrases
aboriginal accompanying text accordance action activities adopted affirmed agreement American apply authority Awas Tingni bodies Canada chapter Civil claims 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 Populations individuals institutions integrity Inter-American international law issues Labour lands legislation means measures Native natural norms observance organizations 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 specific standards Statement status supra note territories tion traditional treaties Tribal U.N. Doc United Nations University violations Western Western Shoshone World
Popular passages
Page 120 - A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.
Page 313 - A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.
Page 320 - All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
Page 75 - Article; and e. to transmit regularly to the Secretary-General for information purposes, subject to such limitation as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions...
Page 148 - With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote: a. higher standards of living, full employment, and conditions of economic and social progress and development; b. solutions of international economic, social, health, and related problems; and international cultural and educational cooperation;...
Page 75 - Charter, the wellbeing of the inhabitants of these territories, and, to this end: a. to ensure, with due respect for the culture of the peoples concerned, their political, economic, social and educational advancement, their just treatment, and their protection against abuses; b.
Page 319 - All states shall observe faithfully and strictly the provisions of the Charter of the United Nations, the Universal Declaration of Human Rights and the present Declaration on the basis of equality, noninterference in the internal affairs of all states and respect for the sovereign rights of all peoples and their territorial integrity.
Page 142 - Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property.
Page 148 - All members pledge themselves to take joint and separate action in cooperation with the organization for the achievement of the purposes set forth in Article 55.
References to this book
Bibliographic information
| Title | Indigenous Peoples in International Law |
| Authors | James Anaya (jurist), S. James Anaya, S. James (Samuel M. Fegtly Professor of Law Anaya, Samuel M. Fegtly Professor of Law University of Arizona College of Law) |
| Edition | revised |
| Publisher | Oxford University Press, 2004 |
| ISBN | 0195173503, 9780195173505 |
| Length | 396 pages |
| Subjects | › Law / International |
| Export Citation | BiBTeX EndNote RefMan |