Author: Lorie Graham Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The right of self-determination is vitally important to indigenous peoples. Self-determination is closely linked to cultural survival, economic development, and the realization of other basic human rights. This right has gradually achieved firm recognition in international law. At present, however, there is no forum or process available for resolving indigenous claims to self-determination. Indeed, none of the United Nation instruments that reference the right to self-determination, such as the International Covenant on Civil and Political Rights, offer specific relief for violations of this right. Moreover, there are no definitive definitions regarding the contours of this right that could help guide the resolution of such claims. Thus, the focus of this paper is twofold: to analyze some of the more difficult issues that a dispute resolution mechanism might face in addressing indigenous claims to self-determination and to articulate an optimal process or forum for resolving such claims.
Author: Maivân Lâm Publisher: BRILL ISBN: 9004478728 Category : Law Languages : en Pages : 258
Book Description
Focusing on issues raised by the U.N. Working Group on Indigenous Peoples, this study reveals the obstacles to self-determination for these peoples in all parts of the world. The author argues, using both legal and social theory, that the right of self-determination can be available to indigenous peoples, and proposes measures that the UN might institute to oversee the realization of this right. Published under the Transnational Publishers imprint.
Author: Alexandra Xanthaki Publisher: Cambridge University Press ISBN: 1139461737 Category : Law Languages : en Pages : 21
Book Description
The debate on indigenous rights has revealed some serious difficulties for current international law, posed mainly by different understandings of important concepts. This book explores the extent to which indigenous claims, as recorded in the United Nations forums, can be accommodated by international law. By doing so, it also highlights how the indigenous debate has stretched the contours and ultimately evolved international human rights standards. The book first reflects on the international law responses to the theoretical arguments on cultural membership. After a comprehensive analysis of the existing instruments on indigenous rights, the discussion turns to self-determination. Different views are assessed and a fresh perspective on the right to self-determination is outlined. Ultimately, the author refuses to shy away from difficult questions and challenging issues and offers a comprehensive discussion of indigenous rights and their contribution to international law.
Author: Terry Lee Anderson Publisher: Stanford University Press ISBN: 9780804754415 Category : Business & Economics Languages : en Pages : 362
Book Description
This book compares and contrasts historical and contemporary Canadian and U.S. Native American policy. The contributors include economists, political scientists, and lawyers, who, despite analyzing a number of different groups in several eras, consistently take a political economy approach to the issues. Using this framework, the authors examine the evolution of property rights, from wildlife in pre-Columbian times and the potential for using property rights to resolve contemporary fish and wildlife issues, to the importance of customs and culture to resource use decisions; the competition from states for Native American casino revenues; and the impact of sovereignty on economic development. In each case, the chapters present new data and new ways of thinking about old evidence. In addition to providing a framework for analysis and new data, this book suggests how Native American and First Nation policy might be reformed toward the end of sustainable economic development, cultural integrity, and self-determination. For these reasons, the book should be of interest to scholars, policy analysts, and students of Native American law, economics, and resource use, as well as those interested in the history of Native Americans and Canada’s First Nations.
Author: Donald Clark Publisher: Springer ISBN: 1349249181 Category : Political Science Languages : en Pages : 466
Book Description
This is a significant contribution to the worldwide discussion of political self-determination as a source of socio-cultural and political hope, conflict and confusion. Inspired by Martin Ennals, long the quietly visionary Director-General of Amnesty International, the book consists of cases and penetratingly definitive analyses, culminating in trenchant recommendations for action by world bodies. With self-determination intensely at issue so widely, from the former Yugoslavia to Kashmir to Quebec, this distinguished book by a global group of experts is particularly timely.
Author: Christian Tomuschat Publisher: Martinus Nijhoff Publishers ISBN: 9780792323518 Category : Law Languages : en Pages : 368
Book Description
"Modern Law of Self-Determination" examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general Balkanization' of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination. "Modern Law of Self-Determination" is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.
Author: Andrew Coleman Publisher: Routledge ISBN: 1135115915 Category : Law Languages : en Pages : 419
Book Description
Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being ‘intra-state’ wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high. This book explores the relationship between recognition, statehood and self-determination, and shows how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the potential to become violent. The book goes on to investigate whether the International Court of Justice, as the primary judicial organ of the United Nations, could successfully resolve questions of self-determination through the application of legal analysis and principles of international law. By evaluating the strengths, weaknesses and effectiveness of the Court’s advisory jurisdiction, Andrew Coleman asks whether the ICJ is a suitable forum for these questions, and asks what changes would be necessary to provide an effective means for the peaceful "birth" of States.
Author: University of Saskatchewan. Native Law Centre Publisher: [Saskatoon] : University of Saskatchewan, Native Law Centre ISBN: Category : Law Languages : en Pages : 88
Book Description
Six essays in which specialists in international law examine indigenous peoples' right to self-determination from different perspectives, most of which were first presented at the International Conference on Aboriginal Rights and World Public Order organized by Carleton University and held in Ottawa in 1983. Where possible, updating information has been provided in editor's notes.
Author: Lorie Graham
Author: Burke A. Hendrix
Author: Maivân Lâm
Author: Alexandra Xanthaki
Author: Terry Lee Anderson
Author: Donald Clark
Author: Christian Tomuschat
Author: Andrew Coleman
Author: 
Author: University of Saskatchewan. Native Law Centre