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-- Provided By Publisher.
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 orthodoxy that views the document solely as a collection of adapted human rights. Andrew Erueti, a scholar of international law, utilizes the political history of the international indigenous movement to argue for a novel, mixed-model interpretation of the Declaration. By analyzing the negotiation process, he posits that the instrument embodies two distinct normative strands designed to address the diverse needs of different indigenous groups.
THE SCOPE MAP
What You Will Find
- A detailed political history of the international indigenous movement during the Declaration's negotiation period.
- A proposed mixed-model legal framework for interpreting international indigenous rights.
- An analysis of the criteria used to define indigenous identity within the context of international law.
Scope Limits
- The text does not provide a comprehensive legal commentary on every individual article within the Declaration.
- The analysis focuses primarily on the normative and political origins rather than the practical implementation of the rights in domestic jurisdictions.
THE AUTHORITY PERSPECTIVE
Legal scholars and practitioners recognize this work as a significant contribution to the theoretical understanding of international indigenous rights. Readers frequently note the academic density of the prose, which is best suited for those with a background in international law or political theory.
Page Count:
0
Publication Date:
2022-01-01
Publisher:
New York, NY : Oxford University Press,
ISBN-10:
0190068337
ISBN-13:
9780190068332
History
International Law
Human rights
Law