The UN Declaration on the Rights of Indigenous Peoples: A Commentary

Hardcover | October 18, 2017

EditorMarc Weller, Jessie Hohmann

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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 isthe 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 preparatoire,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 foreach 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.

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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 isthe strongest statement thus far by the inter...

Marc Weller is Professor of International Law and International Constitutional Studies at the University of Cambridge and Director of the Lauterpacht Centre for International Law. From 2000 to 2009, he was Director of the European Centre for Minority Issues. He has authored, edited, or co-edited twenty books, including Iraq and the Use...

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Format:HardcoverDimensions:460 pages, 9.21 × 6.14 × 0.01 inPublished:October 18, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199673225

ISBN - 13:9780199673223

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Table of Contents

I IntroductionMarc Weller and Jessie Hohmann: Introduction1. James Crawford: Concepts: Person, Group, Indigenous Peoples, People, Peoples2. James Anaya: Development of Standards on Indigenous Rights3. Robert McCorquodale: Relationship to Human Rights, and Related International InstrumentsII Group Identity, Self Determination and Relations with the State4. Marc Weller: Self Determination, Self Governance, Autonomy5. Patrick Thornberry: Identity, Existence, Non-Assimilation6. Erica Irene Daes: Non-Discrimination and Full Equality7. Benedict Kingsbury: The individual and the Group, Selection of Membership, Duties to the CommunityIII Cultural Rights8. Alexandra Xanthaki: Culture9. Lionel Bently: Intellectual Property and Technologies10. Daniel Joyce: Media11. Lorie Graham: EducationIV Land Rights and Use12. Claire Charters: Land Rights and Land Use13. Stephania Errico: Natural Resources and EnvironmentV Economic Rights and Social Provision14. Labour Rights15. Jessie Hohmann: Social Provision, Housing, Health and Special VulnerabilitiesVI International Assistance, Reparations and Redress16. Willem van Genugten: Legal Implementation and Assistance17. Federico Lenzerini: Reparations, Restitution, and Redress