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Vol 21 No 11 Nov/Dec 2016

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European Conquest and the Rights of Indigenous Peoples

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Paul KealAustralian National University, Canberra

ISBN13: 9780521824712
ISBN: 0521824710
Published: August 2003
Publisher: Cambridge University Press
Format: Hardback
Price: £64.99



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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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Subjects:
EU Law
Contents:
Introduction
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
Conclusion.