Reflections on the UN Declaration on the Rights of Indigenous Peoples

by Stephen Allen (Editor), Alexandra Xanthaki (Editor)

Overview

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.

Product Details

ISBN-13:	9781841138787
Publisher:	Bloomsbury Academic
Publication date:	01/12/2011
Series:	Studies in International Law , #30
Pages:	620
Product dimensions:	6.20(w) x 9.10(h) x 1.40(d)

About the Author

Stephen Allen is a Lecturer in Law at Brunel University.
Alexandra Xanthaki is a Reader in Law and Deputy Head at Brunel Law School.

Table of Contents

Biographies xi

Introduction Stephen Allen Alexandra Xanthaki 1

Section A Institutional Perspectives

1 The UN Declaration on the Rights of Indigenous Peoples: Background and Appraisal Erica-Irene Daes 11

2 The UN Declaration on the Rights of Indigenous Peoples: From Advocacy to Implementation Julian Burger 41

3 Integrating the UN Declaration on the Rights of Indigenous Peoples into CERD Practice Patrick Thornberry 61

4 The International Labour Organization and the Internationalisation of the Concept of Indigenous Peoples Andrew Erueti 93

5 Using the United Nations Declaration on the Rights of Indigenous Peoples in Litigation Clive Baldwin Cynthia Morel 121

Section B Thematic Perspectives

6 Making the Declaration on the Rights of Indigenous Peoples Work: The Challenge Ahead Rodolfo Stavenhagen 147

7 The Three Ironies of the UN Declaration on the Rights of Indigenous Peoples H Patrick Glenn 171

8 Beyond the Indigenous/Minority Dichotomy? Will Kymlicka 183

9 Voting in the General Assembly as Evidence of Customary International Law? Emmanuel Voyiakis 209

10 The UN Declaration on the Rights of Indigenous Peoples and the Limits of the International Legal Project Stephen Allen 225

Section C Substantive Perspectives

11 The UN Declaration on the Rights of Indigenous Peoples: New Directions for Self-Determination and Participatory Rights? Helen Quane 259

12 A New Dawn over the Land: Shedding Light on Collective Ownership and Consent Jérémie Gilbert Cathal Doyle 289

13 The Controversial Issue of Natural Resources: Balancing States' Sovereignty with Indigenous Peoples' Rights Stefania Errico 329

14 Indigenous Rights and the Right to Development: Emerging Synergies or Collusion? Joshua Castellino 367

15 Taking Cultural Rights Seriously: The Vision of the UN Declaration on the Rights of Indigenous Peoples Elsa Stamatopoulou 387

16 The UN Declaration on the Rights of Indigenous Peoples and Collective Rights: What's the Future for Indigenous Women? Alexandra Xanthaki 413

17 Community Rights to Culture: The UN Declaration on the Rights of Indigenous Peoples Johanna Gibson 433

Section D Regional Perspectives

18 The Inter-American System and the UN Declaration on the Rights of Indigenous Peoples: Mutual Reinforcement Luis Rodríguez-Pinero 457

19 The UN Declaration on the Rights of Indigenous Peoples in Africa: The Approach of the Regional Organisations to Indigenous Peoples Rachel Murray 485

20 Reflections on the UN Declaration on the Rights of Indigenous Peoples: An Arctic Perspective Dalee Sambo Dorough 507

21 The UN Declaration on the Rights of Indigenous Peoples: Recent Developments regarding the Saami People of the North Malgosia Fitzmaurice 535

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 Javaid Rehman 561

Appendix: The United Nations Declaration on the Rights of Indigenous Peoples 585

Index 599

Editorial Reviews

"...a solid contribution to the debate and discussion concerning the Declaration on Indigenous People's utility
...the collection provides the reader with a useful and timely reference work on the declaration as well as a thoughtful review of its key substantive aspects, including the issues of land rights, rights to participation, and the right to self-determination as well as discussion of the interconnection between indigenous and minority rights." --The Canadian Yearbook of International Law 2010

"Overall, the compilation of articles constitutes a valuable resource for many researchers wishing to explore the implications of UNDRIP on the rights of indigenous peoples... and is well worth the read." --Austrian Review of International and European Law, Volume 16

From the Publisher