The UN Declaration on the Rights of Indigenous Peoples A Commentary

by Hohmann, Jessie; Weller, Marc

• ISBN13: 9780199673223
• ISBN10: 0199673225
• Format: Hardcover
• Copyright: 2018-05-22
• Publisher: Oxford University Press

Summary

The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation.

This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux preparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples

Author Biography

Marc Weller, Professor of International Law and International Constitutional Studies, University of Cambridge,Jessie Hohmann, Lecturer in Law, Queen Mary, University of London

Marc Weller is Professor of International Law and International Constitutional Studies at the University of Cambridge and Director of the Lauterpacht Centre for International Law. From 2000 to 2009, he was Director of the European Centre for Minority Issues. He has authored, edited, or co-edited twenty books, including Iraq and the Use of Force in International Law (OUP, 2010) and Political Participation of Minorities (OUP, 2010).

Dr Jessie Hohmann took up a lectureship with Queen Mary in September 2012, after completing a British Academy Post-Doctoral Research Fellowship at the Lauterpacht Centre for International Law, University of Cambridge. Dr Hohmann has broad research interests in the fields of human rights, international law, indigenous rights, theories of human rights and international law (particularly critical theories), and the role of human rights in social struggles.

Table of Contents

I Introduction
Introduction, Marc Weller & Jessie Hohmann
1. Concepts: Person, Group, Indigenous Peoples, People, Peoples, James Crawford
2. Development of Standards on Indigenous Rights, James Anaya
3. Relationship to Human Rights, and Related International Instruments, Robert McCorquodale
II Group Identity, Self Determination and Relations with the State
4. Self Determination, Self Governance, Autonomy, Marc Weller
5. Identity, Existence, Non-Assimilation, Patrick Thornberry
6. Non-Discrimination and Full Equality, Erica Irene Daes
7. The individual and the Group, Selection of Membership, Duties to the Community, Benedict Kingsbury
III Cultural Rights
8. Culture, Alexandra Xanthaki
9. Intellectual Property and Technologies, Lionel Bently
10. Media, Daniel Joyce
11. Education, Lorie Graham
IV Land Rights and Use
12. Land Rights and Land Use, Claire Charters
13. Natural Resources and Environment, Stephania Errico
V Economic Rights and Social Provision
14. Labour Rights
15. Social Provision, Housing, Health and Special Vulnerabilities, Jessie Hohmann
VI International Assistance, Reparations and Redress
16. Legal Implementation and Assistance, Willem van Genugten
17. Reparations, Restitution, and Redress, Federico Lenzerini