Description
Book SynopsisThis ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising for Indigenous peoples.
Offering readers an engaging review of ongoing lawmaking, adoption and implementation processes from both a global and regional perspective, it also investigates the important elements of Indigenous rights and economic issues, including trade, investment and economic growth. Furthermore, it offers timely coverage of environmental rights, land and natural resources.
This essential Handbook will provide a useful discussion point for practitioners on Indigenous rights developments and scholars looking for an innovative approach on cutting-edge issues. Policymakers wanting to understand the major issues with the implementation of the UN Declaration on the Rights of Indigenous People (UNDRIP) will also find this invaluable.
Trade Review‘This Research Handbook not only examines key issues concerning the origins, content and purpose of the international Indigenous rights regime but also explores less obvious themes such as the question of collective religious rights and the intersections between Indigenous rights and the rights of other ethno-cultural groups. The volume attaches special importance to the economic dimension of Indigenous peoples’ rights, featuring a number of chapters focused on the timely questions of trade, investment and economic growth. This edited collection is a welcome addition to the literature and represents an important resource for the continued study of the international law of Indigenous peoples’ rights.’ -- Mauro Barelli, City, University of London, UK
‘The Research Handbook on the International Law of Indigenous Rights
provides a comprehensive account of Indigenous peoples in international law from orthodox, critical, realist, practical, interdisciplinary and aspirational perspectives. The breadth of topics covered, especially those less-examined in existing literature, as well as the inclusion of both well-established commentators with emerging scholars from around the globe, reflects the originality of this contribution and is to be highly commended.’ -- Claire Charters, University of Auckland, New Zealand
Table of ContentsContents: Preface xiv Note to readers on capitalization of Indigenous xv PART I INTRODUCTION 1 Internationalization of the law of Indigenous rights 2 Dwight Newman PART II ONGOING LAWMAKING ON INDIGENOUS RIGHTS IN GLOBAL AND REGIONAL CONTEXTS 2 Regional Indigenous rights and the (dis)contents of translation: a view from Latin America 10 Lucas Lixinski 3 The American Declaration on the Rights of Indigenous Peoples: the law-making, adoption and implementation processes 25 Leonardo A. Crippa 4 The emergence and evolution of the global Indigenous rights movement 43 Ken Coates and Carin Holroyd 5 Evaluation of Indigenous peoples’ influence during the drafting process of UNDRIP 56 Lola Ayotunde PART III INDIGENOUS SELF-DETERMINATION, PARTICIPATORY RIGHTS, AND NATURAL RESOURCES 6 Self-determination rights 75 Alexandra Xanthaki 7 Free prior and informed consent and Indigenous rights: a bulwark against discrimination and platform for self-determination 96 Cathal Doyle 8 Indigenous resource rights at their core (and what these are not) 129 Mattias Åhrén PART IV INDIGENOUS LAND, RESOURCE, AND ENVIRONMENTAL RIGHTS 9 Indigenous peoples’ right to self-determination and the principle of state sovereignty over natural resources: a human rights approach and its constructive ambiguity 148 Dorothée Cambou 10 Indigenous peoples’ environmental human rights – from objects of protection towards stewardship: assessment of current international standards 169 Leena Heinämäki 11 Indigenous participation in resource development: the promise and limitations of international safeguards 202 George K. Foster 12 Models of Indigenous territorial control in common law countries: a functional comparison 226 Malcolm Lavoie PART V INDIGENOUS RIGHTS, INVESTMENT, TRADE, AND ECONOMIC GROWTH 13 Indigenous peoples in international investment law: a TWAIL/UNDRIP reading 256 Ibironke T. Odumosu-Ayanu 14 Indigenous rights and trade: the USMCA and contemporary issues 280 Shannon Hale 15 Participation of Indigenous peoples in global economic activity 308 Ken Coates and Carin Holroyd PART VI INDIGENOUS CULTURAL HERITAGE, INTELLECTUAL PROPERTY RIGHTS, AND RELIGIOUS FREEDOM 16 Indigenous cultural heritage and international law 332 Federico Lenzerini 17 Indigenous peoples’ rights in equitable benefit-sharing over genetic resources: digital sequence information (DSI) and a new technological landscape 354 Chidi Oguamanam 18 Indigenous religious freedom in international law: a discussion of the potential of Articles 12 and 25 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) 376 Adrienne Tessier PART VII COMPLEXITIES OF INDIGENOUS PEOPLES, PLACES, AND IDENTITIES 19 Fiji and the UN Declaration on the Rights of Indigenous Peoples: indigeneity and the right to self-determination in a majority-Indigenous context 397 Dominic O’Sullivan 20 Transboundary rights and indigenous peoples between two or more states 413 Harum Mukhayer 21 Definitional complexities and the boundaries of the concept of Indigenous peoples 438 Nnaemeka Ezeani and Dwight Newman Appendix 459 Index 492
