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Vol 21 No 10 Oct/Nov 2016

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Indigenous Peoples' Status in the International Legal System


ISBN13: 9780198778196
Published: March 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £70.00



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While many have explored the law governing the rights of indigenous peoples through an examination of relevant instruments and institutions, this book demonstrates that international indigenous rights can be best understood through the study of two questions: What is meant by 'peoples' and 'equality' under international law?

Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume explains that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right to self-determination and sets out the content and scope of this right. The book additionally explores the contemporary meaning of 'equality', arguing that the understanding of equality fundamentally impacts what rights indigenous peoples possess over territories and natural resources.

This book outlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.

Subjects:
Human Rights and Civil Liberties
Contents:
1: Introduction

PART I
2: Classical International Law and Early Philosophy Theory on Peoples' Rights
3: Political Theory that Underpins the Law
4: International Law on International Legal Sources

PART II
5: Indigenous Peoples' Legal Status Under Contemporary International Law
6: The Content and Scope of the Right to Self-determination when Applied to Indigenous Peoples

PART III
7: The Right to Equality
8: Indigenous Communities' Property Rights over Lands and Natural Resources Traditionally Used
9: The More Precise Content and Scope of Indigenous Communities' Property Rights over Lands and Natural Resources Traditionally Used
10: Conclusion

Epilogue