Indigenous rights and United Nations standards : self-determination, culture and land / Alexandra Xanthaki.

Format:

Book

Author/Creator:

Xanthaki, Alexandra, author.

Series:

Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 52.

Cambridge studies in international and comparative law ; 52

Language:

English

Subjects (All):

Indigenous peoples--Civil rights.

Indigenous peoples.

Physical Description:

1 online resource (xxxix, 314 pages) : digital, PDF file(s).

Other Title:

Indigenous Rights & United Nations Standards

Place of Publication:

Cambridge : Cambridge University Press, 2007.

Language Note:

English

Summary:

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 forums, can be accommodated by 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 shy away from difficult questions and challenging issues and offers a comprehensive discussion of indigenous rights and their contribution to international law.

Contents:

Cover

Half-title

Series-title

Title

Copyright

Contents

Table of cases

International courts

League of Nations

Permanent Court of Justice

International Court of Justice

United Nations Human Rights Committee

Regional courts

African Commission on Human Rights

Inter-American Commission on Human Rights

European Court on Human Rights

National Courts

Australia

Canada

Norway

United States

Table of statutes

United Nations documents

Conventions and Treaties

UNESCO:

Declarations

Resolutions (other than the above)

Recommendations and other non-binding documents

International Labour Organisation documents

Conventions/Declarations

Recommendations

Requests, Observations and Reports

Other international instruments

Regional documents

Africa

Americas

Europe

Indigenous Organisations' documentation

National legislation/documentation

Cambodia

Guatemala

Pakistan

Philippines

Russian Federation

South Africa

Venezuela

Vietnam

Acknowledgments

Introduction

Notes

1 Recognition of cultural membership and implications

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

PART I United Nations instruments on indigenous peoples

2 The ILO Conventions

Convention No. 107

Convention No. 169

3 Emerging law: The United Nations draft Declaration on indigenous peoples

Process and status of the draft Declaration

The contents of the draft Declaration

PART II Thematic analysis

4 Do indigenous peoples have the right to self-determination?

Are indigenous peoples beneficiaries of the right?

The scope of the right to self-determination

Re-evaluating the meaning of the right

5 Indigenous cultural rights

Overview of standards relevant to indigenous peoples

Obstacles to the effective protection of indigenous cultural rights by international law

Specific issues concerning cultural rights

6 Indigenous land rights

Legal basis for indigenous land claims

Important issues related to indigenous land claims

Conclusions

Bibliography

Index

Last Page

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references (p. 286-305) and index.

ISBN:

1-107-16131-2

1-280-81533-7

9786610815333

0-511-27277-4

0-511-27439-4

0-511-49446-7

0-511-27509-9

0-511-32087-6

0-511-27356-8

OCLC:

169899815