Reflections on the UN Declaration on the Rights of Indigenous Peoples

Stephen Allen, Alexandra Xanthaki, Stephen Allen, Alexandra Xanthaki

• Publisher: Hart Publishing
• Year: 2011
• Print ISBN:
  9781841138787
• Edition: 1
• eBook ISBN:
  9781847316233
• Topic: Law
• Subtopic: International Law
• Index: Law

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 collection contains essays written by the main protagonists in the development of the Declaration; indigenous representatives; and field-leading academics. It offers a comprehensive institutional, thematic and regional analysis of the Declaration. In particular, it explores the Declaration's normative resonance for international law and considers the ways in which this international instrument could catalyse institutional action and influence the development of national laws and policies on indigenous issues.

Table of contents

• Prelims
• Contents
• Biographies
• Introduction
• Section A Institutional Perspectives
• 1 The UN Declaration on the Rights of Indigenous Peoples: Background and Appraisal
• 2 The UN Declaration on the Rights of Indigenous Peoples: From Advocacy to Implementation
• 3 Integrating the UN Declaration on the Rights of Indigenous Peoples into CERD Practice
• 4 The International Labour Organization and the Internationalisation of the Concept of Indigenous Peoples
• 5 Using the United Nations Declaration on the Rights of Indigenous Peoples in Litigation
• Section B Thematic Perspectives
• 6 Making the Declaration on the Rights of Indigenous Peoples Work: The Challenge Ahead
• 7 The Three Ironies of the UN Declaration on the Rights of Indigenous Peoples
• 8 Beyond the Indigenous/Minority Dichotomy?
• 9 Voting in the General Assembly as Evidence of Customary International Law?
• 10 The UN Declaration on the Rights of Indigenous Peoples and the Limits of the International Legal Project
• Section C Substantive Perspectives
• 11 The UN Declaration on the Rights of Indigenous Peoples: New Directions for Self-Determination and Participatory Rights?
• 12 A New Dawn over the Land: Shedding Light on Collective Ownership and Consent
• 13 The Controversial Issue of Natural Resources: Balancing States’ Sovereignty with Indigenous Peoples’ Rights
• 14 Indigenous Rights and the Right to Development: Emerging Synergies or Collusion?
• 15 Taking Cultural Rights Seriously: The Vision of the UN Declaration on the Rights of Indigenous Peoples
• 16 The UN Declaration on the Rights of Indigenous Peoples and Collective Rights: What’s the Future for Indigenous Women?
• 17 Community Rights to Culture: The UN Declaration on the Rights of Indigenous Peoples
• Section D Regional Perspectives
• 18 The Inter-American System and the UN Declaration on the Rights of Indigenous Peoples: Mutual Reinforcement
• 19 The UN Declaration on the Rights of Indigenous Peoples in Africa: The Approach of the Regional Organisations to Indigenous Peoples
• 20 Reflections on the UN Declaration on the Rights of Indigenous Peoples: An Arctic Perspective
• 21 The UN Declaration on the Rights of Indigenous Peoples: Recent Developments regarding the Saami People of the North
• 22 Between the Devil and the Deep Blue Sea: Indigenous Peoples as the Pawns in the US ‘War on Terror’ and the Jihad of Osama Bin Laden
• The United Nations Declaration on the Rights of Indigenous Peoples
• Index