Indigenous Peoples Status in the International Legal System

Hardcover | March 23, 2016

byMattias Ahren

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While many have explored the law governing the rights of indigenous peoples through an examination of relevant instruments and institutions, this book demonstrates that international indigenous rights can be best understood through the study of two questions: What is meant by 'peoples' and'equality' under international law?Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume explains that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right toself-determination and sets out the content and scope of this right. The book additionally explores the contemporary meaning of 'equality', arguing that the understanding of equality fundamentally impacts what rights indigenous peoples possess over territories and natural resources. This bookoutlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.

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While many have explored the law governing the rights of indigenous peoples through an examination of relevant instruments and institutions, this book demonstrates that international indigenous rights can be best understood through the study of two questions: What is meant by 'peoples' and'equality' under international law?Indigenous P...

Mattias Ahren is an Associate Professor at The Arctic University of Norway (Tromso). He heads the Sami and Indigenous Rights Group, and has written extensively on indigenous peoples' rights under international law as well as on the indigenous Sami people's rights under domestic law. He has substantial experience practicing indigenous p...
Format:HardcoverDimensions:288 pagesPublished:March 23, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198778198

ISBN - 13:9780198778196

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Table of Contents

1. IntroductionPART I2. Classical International Law and Early Philosophy Theory on Peoples' Rights3. Political Theory that Underpins the Law4. International Law on International Legal SourcesPART II5. Indigenous Peoples' Legal Status Under Contemporary International Law6. The Content and Scope of the Right to Self-determination when Applied to Indigenous PeoplesPART III7. The Right to Equality8. Indigenous Communities' Property Rights over Lands and Natural Resources Traditionally Used9. The More Precise Content and Scope of Indigenous Communities' Property Rights over Lands and Natural Resources Traditionally Used10. ConclusionEpilogue