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Pris: 2617 SEK exkl. moms  |  The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation.
This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples.
- The first commentary on the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the UN General Assembly in 2007
- Provides a comprehensive thematic analysis of the Declaration's provisions, including the background to their inclusion, and their practical enforcement
- Features contributions from an international team of unrivalled experts in indigenous rights,
Table of Contents
Introduction, Jessie Hohmann & Marc Weller
Part I The UNDRIPâs Relationship to Existing International Law
1:Who are Indigenous Peoples? An Examination of Concepts Concerning Group Membership in the United Nations Declaration on the Rights of Indigenous Peoples, Joshua Castellino and Cathal Doyle
2:The Making of the United Nations Declaration on the Rights of Indigenous Peoples, S. James Anaya and Luis Rodríguez-Piñero
3:Relationship to Human Rights, and Related International Instruments, Martin Scheinin and Mattias Ahrén
4:UNDRIP and Interactions with International Investment Law, Christina Binder
Part II Group Identity, Self-Determination and Relations with States
5:Self-determination of Indigenous Peoples Articles 3, 4, 5, 18, 23 and 46 (1), Marc Weller
6:The UNDRIP and the Rights of Indigenous Peoples to Existence, Cultural Integrity and Identity, and Non-Assimilation â Articles 7(2), 8 and 43, Jessie Hohmann
7:Equality and Non-discrimination in the UNDRIP Articles 2, 6, and 7(1), Kirsty Gover
8:Indigenous Belonging: Membership and Identity in the UNDRIP: Articles 9, 33, 35, and 36 (Shin Imai and Kathryn Gunn)
9:Free, Prior and Informed Consent in the United Nations Declaration on the Rights of Indigenous Peoples Articles 10, 19, 29(2) and 32(2), Mauro Barelli
Part III Rights to Culture
10:Culture Articles 11(1), 12, 13(1), and 34, Alexandra Xanthaki
11:Intellectual Property and Technologies Article 31, Tobias Stoll
12:Media Article 16, Daniel Joyce
13:Indigenous Education and the UN Declaration on the Rights of Indigenous Peoples Article 14, Lorie Graham and Amy B. Van Zyl-Chavarro
Part IV Rights to Land and Territory, Natural Resources and Environment
14:Indigenous Peoplesâ Rights to Lands, Territories and Resources in the United Nations Declaration on the Rights of Indigenous Peoples Articles 25, 26, 27 and 10, Claire Charters
15:Control over Natural Resources and Protection of the Environment of Indigenous Territories â Articles 29, 30 and 32, Stefania Errico
Part V Economic and Social Rights
16:Article 17 of the United Nations Declaration on the Rights of Indigenous Peoples Article 17, Lee Swepston
17:Indigenous Rights to Development, Socio-Economic Rights, and Rights for Groups with Vulnerabilities Articles 20 22, 24 and 44, Camilo Pérez-Bustillo and Jessie Hohmann
Part VI International Assistance, Reparations and Redress
18:Articles 37-42 UNDRIP: Legal Implementation and International Cooperation and Assistance, Willem van Genugten and Federico Lenzerini
19:Reparations, Restitution and Redress Articles 8(2), 11(2), 20(2) and 28, Federico Lenzerini
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