Indigenous peoples in international law /
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| Author / Creator: | Anaya, S. James. |
|---|---|
| Imprint: | New York : Oxford University Press, 1995. |
| Description: | xi, 267 p. ; 24 cm. |
| Language: | English |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/2334700 |
Table of Contents:
- Introduction
- Part I.. Developments over Time
- 1.. The Historical Context
- The Early Naturalist Frame
- The Early Modern State System and the Law of Nations
- The Positivists' International Law
- Trusteeship Doctrine and Its "Civilizing" Mission
- 2.. Developments within the Modern Era of Human Rights
- The Contemporary International Legal System
- The Initial Model within the Modern Human Rights Frame
- The Contemporary Indigenous Rights Movement
- ILO Convention No. 169 of 1989
- New and Emergent Customary International Law
- Part II.. Contemporary International Norms
- 3.. Self-Determination: A Foundational Principle
- The Character and Scope of Self-Determination
- Implications of the Term Peoples
- The Content of Self-Determination
- Substantive Aspects
- Remedial Aspects
- Self-Determination and Contemporary International Practice Concerning Indigenous Peoples
- 4.. Norms Elaborating the Elements of Self-Determination
- Nondiscrimination
- Cultural Integrity
- Lands and Natural Resources
- Social Welfare and Development
- Self-Government
- Part III.. Implementing International Norms
- 5.. Negotiation and State Action
- The Duty of Implementation
- Toward Negotiated Agreement
- State Institutional Mechanisms
- Executive Action
- Legislative Action and Constitutional Reform
- Judicial Procedures
- 6.. Implementation Procedures Involving International Institutions
- The Role of International Procedures
- Monitoring/Reporting Procedures
- Review of Developments by the U.N. Working Group on Indigenous Populations
- Review of Developments by the U.N. Commission on Human Rights and Its Subcommission
- ILO Convention Compliance Monitoring
- Reporting Procedures of the U.N. Human Rights Committee and CERD
- Country Reports by the Inter-American Commission on Human Rights
- Complaint Procedures
- Complaints in the U.N. Working Group on Indigenous Populations
- Complaints in the U.N. Commission on Human Rights and Its Subcommission
- Complaint Procedures Connected to ILO Conventions
- The U.N. Human Rights Committee and CERD: Interstate Complaints and Individual Communications
- Petitions to the Inter-American Commission on Human Rights
- Conclusion
- Appendix. Selected Documents
- Draft Declaration of Principles for the Defense of the Indigenous Nations and Peoples of the Western Hemisphere
- Declaration of Principles of Indigenous Rights
- Declaration of Principles on the Rights of Indigenous Peoples
- Declaration of San Jose
- Convention (No. 169) Concerning Indigenous and Tribal Peoples in Independent Countries
- Agenda 21: Chapter 26
- Draft United Nations Declaration on the Rights of Indigenous Peoples
- Resolution on Action Required Internationally to Provide Effective Protection for Indigenous Peoples
- Draft of the Inter-American Declaration on the Rights of Indigenous Peoples
- Bibliography
- Table of Principal Documents
- Table of Cases
- Index