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Hardcover This book is the first full-length study of the rights of indigenous peoples, and looks at the historical, cultural, and legal background to the position of indigenous peoples in a range of different cultures, including America, Africa and Australia. The book defines who and what ...

Hardcover This book is the first full-length study of the rights of indigenous peoples, and looks at the historical, cultural, and legal background to the position of indigenous peoples in a range of different cultures, including America, Africa and Australia. The book defines who and what indigenous peoples actually are, and looks at their position in the light of the development of international law. It then looks at their legal position, and their economic, social and cultural rights in respect of various laws and conventions passed on a national and international scale throughout the world. Among the global and regional legal instruments considered in the book are The International Covenant on Civil and Political Rights, the UN Convention on the Rights of the Child, the Racial Discrimination Convention, The African Charter on Human and Peoples Rights, the UN Draft Declaration in Indigenous Peoples and The Proposed American Declaration on the Rights of Indigenous Peoples. The development of human rights legislation and principles as a central tenet of international law has been of considerable benefit to indigenous peoples, although the language of human rights does not always suit indigenous societies, and sets apparent limits to the kind of social practices embraced. This is still a vitally important issue and the emotional subject of reciprocity still needs to be handled sensitively.

In Indigenous Peoples in International Law, James Anaya explores the development and contours of international law as it concerns the world's indigenous peoples, culturally distinctive groups that are descended from the original inhabitants of lands now dominated by others. Anaya demonstrates that ...

In Indigenous Peoples in International Law, James Anaya explores the development and contours of international law as it concerns the world's indigenous peoples, culturally distinctive groups that are descended from the original inhabitants of lands now dominated by others. Anaya demonstrates that, while historical trends in international law largely facilitated the colonization of indigenous peoples and their lands, modern international law's human rights program has been responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. Over the last several years, the international system--particularly as embodied in the United Nations and other international institutions--has exhibited a renewed and increasingly heightened focus on the concerns of indigenous peoples. Anaya discusses the resulting new generation of international treaty and customary norms, while linking the new and emergent norms with previously existing international human rights standards of general applicability. Anaya further identifies and analyzes institutions and procedures, at both the domestic and international levels, for implementing international norms concerning indigenous peoples.

Paul Keal examines the historical role of international law and political theory in justifying the dispossession of indigenous peoples as part of the expansion of international society. Paradoxically, he argues, law and political theory can now form the basis of the recovery of indigenous rights ...

Paul Keal examines the historical role of international law and political theory in justifying the dispossession of indigenous peoples as part of the expansion of international society. Paradoxically, he argues, law and political theory can now form the basis of the recovery of indigenous rights. Arguing for the recognition of indigenous peoples as "peoples" with the right of self-determination in constitutional and international law, Keal questions the moral legitimacy of international society and examines concepts of collective guilt and responsibility.