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Reflections on the UN Declaration on the Rights of Indigenous Peoples

Editor(s): Stephen Allen, Alexandra Xanthaki
Media of Reflections on the UN Declaration on the Rights of Indigenous Peoples
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Published: 12-01-2011
Format: Paperback
Edition: 1st
Extent: 620
ISBN: 9781841138787
Imprint: Hart Publishing
Series: Studies in International Law
Dimensions: 234 x 156 mm
RRP: £54.99
Online price: £38.49
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Loren Epson

About Reflections on the UN Declaration on the Rights of Indigenous Peoples

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

SECTION A: INSTITUTIONAL PERSPECTIVES
1. The UN Declaration on the Rights of Indigenous Peoples: Background and Appraisal
Erica-Irene Daes
2. The UN Declaration on the Rights of Indigenous Peoples: From Advocacy to Implementation
Julian Burger
3. Integrating the UN Declaration on the Rights of Indigenous Peoples into CERD Practice
Patrick Thornberry
4. The International Labour Organization and the Internationalisation of the Concept of Indigenous Peoples
Andrew Erueti
5. Using the United Nations Declaration on the Rights of Indigenous Peoples in Litigation
Clive Baldwin and Cynthia Morel
SECTION B: THEMATIC PERSPECTIVES
6. Making the Declaration on the Rights of Indigenous Peoples Work: The Challenge Ahead
Rodolfo Stavenhagen
7. The Three Ironies of the UN Declaration on the Rights of Indigenous Peoples
H Patrick Glenn
8. Beyond the Indigenous/Minority Dichotomy?
Will Kymlicka
9. Voting in the General Assembly as Evidence of Customary International Law?
Emmanuel Voyiakis
10. The UN Declaration on the Rights of Indigenous Peoples and the Limits of the International Legal Project
Stephen Allen
SECTION C: SUBSTANTIVE PERSPECTIVES
11. The UN Declaration on the Rights of Indigenous Peoples: New Directions for Self-Determination and
Participatory Rights?
Helen Quane
12. A New Dawn over the Land: Shedding Light on Collective Ownership and Consent
Jérémie Gilbert and Cathal Doyle
13. The Controversial Issue of Natural Resources: Balancing States' Sovereignty with Indigenous
Peoples' Rights
Stefania Errico
14. Indigenous Rights and the Right to Development: Emerging Synergies or Collusion?
Joshua Castellino
15. Taking Cultural Rights Seriously: The Vision of the UN Declaration on the Rights of Indigenous Peoples
Elsa Stamatopoulou
16. The UN Declaration on the Rights of Indigenous Peoples and Collective Rights: What's the Future for
Indigenous Women?
Alexandra Xanthaki
17. Community Rights to Culture: The UN Declaration on the Rights of Indigenous Peoples
Johanna Gibson
SECTION D: REGIONAL PERSPECTIVES
18. The Inter-American System and the UN Declaration on the Rights of Indigenous Peoples: Mutual Reinforcement
Luis Rodríguez-Pinero
19. The UN Declaration on the Rights of Indigenous Peoples in Africa: The Approach of the Regional
Organisations to Indigenous Peoples
Rachel Murray
20. Reflections on the UN Declaration on the Rights of Indigenous Peoples: An Arctic Perspective
Dalee Sambo Dorough
21. The UN Declaration on the Rights of Indigenous Peoples: Recent Developments regarding the Saami People of the North
Malgosia Fitzmaurice
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
APPENDIX: The United Nations Declaration on the Rights of Indigenous Peoples

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.
” –  Joanna Harrington, 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.” –  Jane A. Hofbauer, Austrian Review of International and European Law, Volume 16

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