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