Author Description
This Book Offers A Distinctive Approach To The Key International Instrument On Indigenous Rights, The United Nations Declaration On The Rights Of Indigenous Peoples (declaration) Based On A New Account Of The Political History Of The International Indigenous Movement As It Intersected With The Declaration's Negotiation. The Current Orthodoxy Is To Read The Declaration As Containing Human Rights Adapted To The Indigenous Situation. However, This Reading Does Not Do Full Justice To The Complexity And Diversity Of Indigenous Peoples' Participation In The Declaration Negotiations. Instead, I Argue That The Declaration Should Be Subject To A Novel, Mixed-model Reading That Views The Declaration As Embodying Two Distinct Normative Strands That Serve Different Types Of Indigenous Peoples. Not Only Is This Model Supported By The Declaration's Political History And Legal Argument, It Provides A New And Compelling Theory Of The Bases Of International Indigenous Rights While Clarifying The Vexed Question Of Who Qualifies As Indigenous For The Purposes Of International Law--
Menrva's Summary
THE THESIS
This book investigates the normative foundations of the United Nations Declaration on the Rights of Indigenous Peoples by challenging the prevailing interpretation that views the document solely as a collection of adapted human rights. Author Andrew Erueti, a scholar of international law, utilizes the political history of the international indigenous movement to argue for a mixed-model reading of the Declaration. He posits that the instrument embodies two distinct normative strands that address the diverse needs of indigenous groups, thereby offering a new theoretical framework for understanding international indigenous rights and the criteria for indigenous identity in legal contexts.
THE SCOPE MAP
What You Will Find
- A detailed political history of the negotiations surrounding the United Nations Declaration on the Rights of Indigenous Peoples.
- A proposed mixed-model theoretical framework for interpreting international indigenous rights.
- Analysis of the legal criteria used to define indigenous status within international law.
Scope Limits
- The text does not provide a comprehensive history of all indigenous movements globally, focusing instead on those directly involved in the Declaration's negotiation.
- It does not serve as a general handbook for human rights litigation but rather as a specialized legal and political analysis.
THE AUTHORITY PERSPECTIVE
Legal scholars and practitioners recognize this work as a significant contribution to the academic discourse on international indigenous rights. Readers frequently note the high level of analytical density in the prose, which is intended for an audience familiar with international law and political theory.
Page Count:
0
Publication Date:
2021-01-01
ISBN-10:
0190068310
ISBN-13:
9780190068318
Human rights
International Law
Legal Theory