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Indigenous Peoples in International Law

ISBN-10: 0195173503
ISBN-13: 9780195173505
Edition: 2nd 2004 (Revised)
Authors: S. James Anaya
List price: $33.95 Buy it from $23.52
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Description: In 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  More...

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Book details

List price: $33.95
Edition: 2nd
Copyright year: 2004
Publisher: Oxford University Press, Incorporated
Publication date: 9/23/2004
Binding: Paperback
Pages: 408
Size: 6.00" wide x 9.00" long x 1.00" tall
Weight: 1.232

In 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.

Introduction
Developments Over Time
The Historical Context
The Early Naturalist Frame
The Early Modern State System and the Law of Nations
The Positivists' International Law
Trusteeship Doctrine and Its "Civilizing" Mission
Developments within the Modern Era of Human Rights
The Contemporary International Legal System
The Initial Model within the Modern Human Rights Frame
The Contemporary Indigenous Rights Movement
ILO Convention No. 169 of 1989
New and Emergent Customary International Law
Contemporary International Norms
Self-Determination: A Foundational Principle
The Character and Scope of Self-Determination
Implications of the Term Peoples
The Content of Self-Determination
Substantive Aspects
Remedial Aspects
Self-Determination and Contemporary International Practice Concerning Indigenous Peoples
Norms Elaborating the Elements of Self-Determination
Nondiscrimination
Cultural Integrity
Lands and Natural Resources
Social Welfare and Development
Self-Government: Autonomy and Participation
Autonomy
Participation/Consultation
The Duty of States to Implement International Norms
Toward Negotiated Agreement and Respect for Historical Treaties
State Institutional Mechanisms
Executive Action
Legislative Action and Constitutional Reform
Judicial Procedures
Norm Implementation and International Procedures
International Monitoring Procedures
The Creation of the Permanent Forum on Indigenous Issues
Review of Developments by the U.N. Working Group on Indigenous Populations
Monitoring by the U.N. Commission on Human Rights, Its Sub-Commission, and Its Special Rapporteur
ILO Convention Compliance Monitoring
Monitoring/Reporting Procedures of the U.N. Human Rights Committee and CERD
Country Reports by the Inter-American Commission on Human Rights
International Complaint Procedures
Complaint Procedures Connected to ILO Conventions
The U.N. Human Rights Committee and Individual Communications under the Optional Protocol to the ICCPR
Complaint Procedures within the Inter-American System
Petitions to the Inter-American Commission on Human Rights
The Adjudication of Complaints by the Inter-American Court of Human Rights: The Awas Tingni Case
Conclusion
Selected Documents
Draft Declaration of Principles for the Defense of the Indigenous Nations and Peoples of the Western Hemisphere
Declaration of Principles of Indigenous Rights
Declaration of Principles on the Rights of Indigenous Peoples
Declaration of San Jose
Convention (No. 169) Concerning Indigenous and Tribal Peoples in Independent Countries
Agenda 21: Chapter 26
Draft United Nations Declaration on the Rights of Indigenous Peoples
Resolution on Action Required Internationally to Provide Effective Protection for Indigenous Peoples
Proposed American Declaration on the Rights of Indigenous Peoples
Committee on the Elimination of Racial Discrimination (CERD), General Recommendation (XXIII) Concerning Indigenous Peoples
Bibliography
Table of Principal Documents
Table of Cases
Index

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