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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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European Conquest and the Rights of Indigenous Peoples: The Moral Backwardness of International Society

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Paul KealAustralian National University, Canberra

ISBN13: 9780521531795
ISBN: 0521531799
Published: April 2005
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £25.99

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Paul Keal examines the historical role of international law and political theory in justifying the dispossession of indigenous peoples as part of the expansion of international society. He argues that, paradoxically, law and political theory can now underpin the recovery of indigenous rights. At the heart of contemporary struggles is the core right of self-determination, and Keal argues for recognition of indigenous peoples as 'peoples' with the right of self-determination in constitutional and international law, and for adoption of the Draft Declaration on the Rights of Indigenous Peoples by the General Assembly. He asks whether the theory of international society can accommodate indigenous peoples and considers the political arrangements needed for states to satisfy indigenous claims. The book also questions the moral legitimacy of international society and examines notions of collective guilt and responsibility.

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Public International Law
1. Bringing 'peoples' into international society
2. Wild 'men' and other tales
3. Dispossession and the purposes of international law
4. Recovering rights: land, self-determination and sovereignty
5. The political and moral legacy of conquest
6. Dealing with difference