Indigenous Peoples as Subjects of International Law

Indigenous Peoples as Subjects of International Law

Kaup valmöguleikar

For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice.

Nánar um bókina

Útgefandi
Taylor & Francis
ISBN
9781317240655
Print ISBN
9780367180775
Format
ePub
Útgáfa
1
Höfundar
Tungumál
English
Útgefið
2017-07-14
Prent takmörkun á líftíma
100

Kaflar

  • Cover
  • Half Title
  • Title Page
  • Copyright Page
  • Table of Contents
  • Acknowledgements
  • Contributors
  • Introduction
  • 1. Aboriginal Nations, the Australian nation-state and Indigenous international legal traditions
  • The world(s), the Dreaming(s) and the apocalypse(s)
  • Aboriginal Nations of ‘Australia’ and an international legal tradition
  • Conclusion
  • 2. Domination in relation to Indigenous (‘dominated’) Peoples in international law
  • Metaphors of domination and international law
  • Dominated peoples and international law
  • Indigenous Peoples are not part of an ‘objective’ physical reality
  • UN Declaration on the Rights of Indigenous (‘dominated’) Peoples
  • An aspiration to end the domination
  • Imperial states and original nations
  • Does the domination of Indigenous Peoples by states violate their rights?
  • Conclusion
  • 3. The ‘natural’ law of nations: society and the exclusion of First Nations as subjects of international law
  • Introduction
  • The natural law context of the ‘law of nations’
  • The Eurocentric concept of society
  • Society and the nature of sovereignty
  • International society and the ‘law of nations’
  • Just wars: in the interests of ‘human society’
  • Conclusion
  • 4. Long before Munich: the American template for Hitlerian diplomacy
  • The US progenitor
  • Now, as regards those treaties
  • Before the court of history
  • Marking a path
  • 5. First Nations, Indigenous Peoples: our laws have always been here
  • Introduction
  • Kaldowinyeri, that is the law
  • We are the mainstream
  • Recognition – but the state cannot see the laws and bodies of First Nations
  • We know our own names and who we are
  • Conclusion: why not get over it and assimilate?
  • 6. Law and politics of Indigenous self-determination: the meaning of the right to prior consultation
  • Introduction
  • Indigenous self-determination and the inclusion–exclusion paradox
  • Prior consultation: between inclusion and exclusion
  • Critiques of the Prior Consultation Law
  • Prior to prior consultation: territorial rights and the politics of Indigenous self-determination
  • Conclusion
  • 7. How governments manufacture consent and use it against Indigenous Peoples
  • Introduction
  • Canada and ‘real transparency’
  • ‘World conference’ (so-called)
  • Conclusion
  • Appendix A
  • Appendix B
  • Appendix C
  • 8. ‘Kill the Indian in the child’: genocide in international law
  • Introduction
  • Peace and friendship in international law
  • Colonial framework
  • Drafting of the crime of genocide
  • Genocide Convention
  • Child welfare system
  • Moving beyond colonialism
  • Bibliography
  • Index