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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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Indigenous Peoples and Human Rights

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Patrick ThornberryProfessor, The School of Politics, International Relations and the Environment, University of Keele

ISBN13: 9780719037948
ISBN: 0719037948
Published: August 2002
Publisher: Manchester University Press
Country of Publication: UK
Format: Paperback
Price: Out of print

This study of the rights of indigenous peoples looks at the historical, cultural, and legal background to the position of indigenous peoples in a range of different cultures, including America, Africa and Australia. It defines who and what indigenous peoples actually are, and looks at their position in the light of the development of international law. The study the looks at their legal position, and their economic, social and cultural rights in respect of various laws and conventions passed on a national and international scale throughout the world. It considers the International Covenant on Civil and Political Rights, the UN Convention on the Rights of the Child, the Racial Discrimination Convention, the African Charter on Human and Peoples Rights, the UN Draft Declaration in Indigenous Peoples and the Proposed American Declaration on the Rights of Indigenous Peoples. There is discussion on how the development of human rights legislation and principles as a central tenet of international law has been of considerable benefit to indigenous peoples.

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Human Rights and Civil Liberties
Part 1 Indigenous Peoples in international law - basic notions: We are still here; Who is Indigenous - concepts, definition, process; An Ambiguous discourse - indigenous peoples and the development of international law; The age of rights.
Part 2 Global instruments on human rights: The international covenant on civil and political rights; Indigenous groups and ""the model of minority rights"" - Article 27 of the Covenant on Civil and political rights and other global standards; The covenant on economic, social and cultural rights; Racial discrimination and indigenous peoples - in particular under the Racial Discrimination Convention; The UN Convention on the Rights of the Child - in particular Article 30.
Part 3 Regional human rights protection and indigenous groups: The African Charter on Human and Peoples Rights - African perspectives in indigenous peoples; The Inter-American System and indigenous peoples; European instruments on human and minority rights.
Part 4 ILO treaties on indigenous peoples: ILO Standards I; ILO Standards II - Convention 169.
Part 5 Emerging standards specific to indigenous peoples: The UN Draft Declaration on Indigenous Peoples; The proposed American Declaration on the rights of indegenous Peoples.
Part 6 Indigenous peoples and human rights: The fundamentals of indigenous rights - a reflective narrative.