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Indigenous Rights and United Nations Standards Self-Determination, Culture and Land

ISBN-10: 0521835747

ISBN-13: 9780521835749

Edition: 2007

Authors: Alexandra Xanthaki, James Crawford, John Bell

List price: $154.00
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Description:

The debate on indigenous rights has revealed some serious difficulties for current international law, posed mainly by different understandings of important concepts. This book explores the extent to which indigenous claims, as recorded in the United Nations fora, can be accommodated by current international law. By doing so, it also highlights how the indigenous debate has stretched the contours and ultimately evolved international human rights standards. The book first reflects on the international law responses to the theoretical arguments on cultural membership. After a comprehensive analysis of the existing instruments on indigenous rights, the discussion turns to self-determination. Different views are assessed and a fresh perspective on the right to self-determination is outlined. Ultimately, the author refuses to shine away from difficult questions and challenging issues and offers a comprehensive discussion of indigenous rights and their contribution to international law.
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Book details

List price: $154.00
Copyright year: 2007
Publisher: Cambridge University Press
Publication date: 5/17/2007
Binding: Hardcover
Pages: 360
Size: 6.00" wide x 9.00" long x 1.00" tall
Weight: 1.540
Language: English

Table of cases
Table of statutes
Acknowledgments
Introduction
Recognition of cultural membership and implications
Introduction
The importance of cultural membership
Autonomy and the neutral state
The need for multiplicity of cultural frameworks
Interaction of cultures
Preservation of cultures
Especially on collective rights
Concluding comments
United Nations instruments on indigenous peoples
The ILO Conventions
Convention No. 107
The ILO and indigenous peoples
Provisions of ILO Convention No. 107
Concluding comments
Convention No. 169
Procedure of the revision
Basic orientation of Convention No. 169
Provisions of Convention No. 169
Concluding comments
Emerging law: The United Nations draft Declaration on indigenous peoples
Process and status of the draft Declaration
The contents of the draft Declaration
Peoples, membership, self-identification, nomadic peoples
Individual and collective rights
Self-determination
Protection of indigenous peoples
Cultural and linguistic identity
Land and resources
Concluding comments
Thematic analysis
Do indigenous peoples have the right to self-determination?
Introduction
Are indigenous peoples beneficiaries of the right?
The issue
No clear recognition of indigenous as 'peoples' in international law
Employment of the definition of 'peoples' in international law
Employment of international documents
The hurdle of territorial integrity
The scope of the right to self-determination
The minimalist approach: self-determination as independence
The maximalist approach: self-determination as an umbrella right
Re-evaluating the meaning of the right
Self-determination is a right and a principle
The political core of the right to self-determination
Concluding comments
Indigenous cultural rights
Introduction
Overview of standards relevant to indigenous peoples
General standards
Minority standards
Obstacles to the effective protection of indigenous cultural rights by international law
The meaning of culture
The concept of cultural property
Ownership of culture
Specific issues concerning cultural rights
Indigenous cultural autonomy
Misappropriation and misuse of indigenous cultural heritage
Repatriation of indigenous cultural objects
Indigenous biodiversity rights
Concluding comments
Indigenous land rights
Introduction
Legal basis for indigenous land claims
Important issues related to indigenous land claims
Collective ownership
Rights of consultation and participation
Rights of use, management and resources
Removal and relocation
Restitution and compensation
Concluding comments
Conclusions
Bibliography
Index