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