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The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations General Assembly on 13 September 2007 was acclaimed as a major success for the United Nations system given the extent to which it consolidates and develops the international corpus of indigenous rights. This is the first in-depth academic analysis of this far-reaching instrument. Indigenous representatives have argued that the rights contained in the Declaration, and the processes by which it was formulated, obligate affected States to accept the validity of its provisions and its interpretation of contested concepts (such as 'culture', 'land', 'ownership' and 'self-determination'). This edited collecti...
Indigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage. Human rights scholars talked about the inability of current international law to fully address the injustices towards indigenous communities. Representatives of International organisations discussed new positive developments. This wealth of experiences, materials, ideas and knowledge is contained in this important volume.
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.
The present volume, in honour of Professor Patrick Thornberry, presents new thinking on minority and indigenous rights in international law. Contributors to this 17 chapter volume include an impressive range of academics, thinkers, practitioners and international civil servants with a number of different approaches to this complex area. Not all of them take a legal approach, and this exploration benefits from the variety of frameworks utilised in contributing to the controversial area of minority and indigenous rights. Debates that receive attention in this volume include self-determination, definitional issues, collective rights and rights to natural resources. Other chapters unravel challe...
Around the world, indigenous peoples use international law to make claims for heritage, territory, and economic development. Karen Engle traces the history of these claims, considering the prevalence of particular legal frameworks and their costs and benefits for indigenous groups. Her vivid account highlights the dilemmas that accompany each legal strategy, as well as the persistent elusiveness of economic development for indigenous peoples. Focusing primarily on the Americas, Engle describes how cultural rights emerged over self-determination as the dominant framework for indigenous advocacy in the late twentieth century, bringing unfortunate, if unintended, consequences. Conceiving indige...
This book focuses specifically on the experience and protection of indigenous, and particularly Sámi sacred sites in the Arctic. Sacred sites are being increasingly recognized as important reservoirs of Arctic cultural and biological diversity, as a means for the transmission of culture and identity, and a tool for the preservation of fragile northern social-ecological systems. Yet, legal protection of Arctic sacred sites and related policies are often still lacking or absent. It becomes increasingly difficult for site custodians in the Arctic to protect these ancient sites, due to disruptive changes, such as climate change, economic developments and infrastructural development. With contri...
For centuries autonomy has been a public policy tool used to provide stability and cohesion to multicultural societies. Examining case studies on non-territorial autonomy arrangements in comparison with territorial autonomy examples, this book informs both design and decision making on managing diversity.
Human rights language is abstract and ahistorical because advocates intend human rights to be valid at all times and places. Yet the abstract universality of human rights discourse is a problem for historians, who seek to understand language in a particular time and place. Lora Wildenthal explores the tension between the universal and the historically specific by examining the language of human rights in West Germany between World War II and unification. In the aftermath of Nazism, genocide, and Allied occupation, and amid Cold War and national division, West Germans were especially obliged to confront issues of rights and international law. The Language of Human Rights in West Germany trace...
Based on a thesis (Doctoral--UiT-The Arctic University of Norway, 2010).