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Indigenous Rights in the Age of the UN Declaration.

Elvira Pulitano examines the relevance of international law in advancing Indigenous peoples' struggles for self-determination and cultural flourishing.

Detalles Bibliográficos
Clasificación:Libro Electrónico
Autor principal: Pulitano, Elvira
Formato: Electrónico eBook
Idioma:Inglés
Publicado: Cambridge : Cambridge University Press, 2012.
Temas:
Acceso en línea:Texto completo
Tabla de Contenidos:
  • Cover; INDIGENOUS RIGHTS IN THE AGE OF THE UN DECLARATION; Title; Copyright; Dedication; CONTENTS; NOTES ON CONTRIBUTORS; ACKNOWLEDGMENTS; Indigenous rights and international law: an introduction; Indigenous rights and the UN system; 1 Indigenous self-determination, culture, and land: a reassessment in light of the 2007 UN Declaration on the Rights of Indigenous Peoples; The setting; Self-determination and uti possidetis: their effect on indigenous peoples; Indigenous renascence and the 2007 United Nations Declaration on the Rights of Indigenous Peoples; 3.1. Self-determination; 3.2. Culture.
  • 3.3. LandAppraisal and recommendation: toward a legal regime fostering the flourishing of Indigenous peoples; Conclusion; 2 Treaties, peoplehood, and self-determination: understanding the language of Indigenous rights; Treaties and treaty rights; Three categories of rights; Minorities or Indigenous peoples?; Individual human rights: the principle of non-discrimination; Collective (minority) rights; Peoples' rights; Peoplehood and self-determination; Self-determination and decolonization; Self-determination as a human right; Self-determination for Indigenous peoples.
  • Negating Indigenous peoplehood: a form of discriminationPerspective; 3 Talking up Indigenous Peoples' original intent in a space dominated by state interventions; Introduction; The passing of the Declaration; History of the Declaration; The Geneva Declaration: colonization; The New York Declaration and Individual or collective rights of peoples; Rights of the child and state power; Exercising in conformity with international law; Genocide and the Declaration; Article 7 of the Declaration; Self-determination; Indigenous life ways and the culture of colonialism.
  • The territorial integrity of states is what mattersAdvantages; Disadvantages; 4 Australia's Northern Territory Intervention and Indigenous rights on language, education and culture: an ethnocidal solution to Aboriginal 'dysfunction'?; Decoding NTER discourse; Contextualizing sexual violence and alcoholism in Indigenous communities; Australia's long history of assimilationism; Continuing violations of Indigenous rights; Conclusion; 5 Articulating Indigenous statehood: Cherokee state formation and implications for the UN Declaration on the Rights of Indigenous Peoples.
  • Early Cherokee state formation and contemporary state-buildingStates in theory and practice; Contextualizing Indigenous states; The UN Declaration and the politics of US-Indigenous relations; Conclusion; 6 The freedom to pass and repass: can the UN Declaration on the Rights of Indigenous Peoples keep the US-Canadian border ten feet above our heads?; Introduction; The Jay Treaty; US interpretation of the Jay Treaty; Canada's interpretation of the Jay Treaty; The UN Declaration on the Rights of Indigenous Peoples and border-crossing rights.