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Research Handbook on the International Law of Indigenous Rights

Research Handbook on the International Law of Indigenous Rights

Author: Dwight Newman QC
Publisher: Edward Elgar Publishing
ISBN: 9781788115780
Published In: April 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising for Indigenous peoples.

Offering readers an engaging review of ongoing lawmaking, adoption and implementation processes from both a global and regional perspective, it also investigates the important elements of Indigenous rights and economic issues, including trade, investment and economic growth. Furthermore, it offers timely coverage of environmental rights, land and natural resources.

This essential Handbook will provide a useful discussion point for practitioners on Indigenous rights developments and scholars looking for an innovative approach on cutting-edge issues. Policymakers wanting to understand the major issues with the implementation of the UN Declaration on the Rights of Indigenous People (UNDRIP) will also find this invaluable.

Preface xiv

Note to readers on capitalization of Indigenous xv

PART I: INTRODUCTION

1. Internationalization of the law of Indigenous rights 2

Dwight Newman

PART II: ONGOING LAWMAKING ON INDIGENOUS RIGHTS IN GLOBAL AND REGIONAL CONTEXTS

2. Regional Indigenous rights and the (dis)contents of translation: a view from Latin America 10

Lucas Lixinski

3. The American Declaration on the Rights of Indigenous Peoples: the law-making, adoption and implementation processes 25

Leonardo A. Crippa

4. The emergence and evolution of the global Indigenous rights movement 43

Ken Coates and Carin Holroyd

5. Evaluation of Indigenous peoples’ influence during the drafting process of UNDRIP 56

Lola Ayotunde

PART III: INDIGENOUS SELF-DETERMINATION, PARTICIPATORY RIGHTS, AND NATURAL RESOURCES

6. Self-determination rights 75

Alexandra Xanthaki

7. Free prior and informed consent and Indigenous rights: a bulwark against discrimination and platform for self-determination 96

Cathal Doyle

8. Indigenous resource rights at their core (and what these are not) 129

Mattias Åhrén

PART IV: INDIGENOUS LAND, RESOURCE, AND ENVIRONMENTAL RIGHTS

9. Indigenous peoples’ right to self-determination and the principle of state sovereignty over natural resources: a human rights approach and its constructive ambiguity 148

Dorothée Cambou

10. Indigenous peoples’ environmental human rights – from objects of protection towards stewardship: assessment of current international standards 169

Leena Heinämäki

11. Indigenous participation in resource development: the promise and limitations of international safeguards 202

George K. Foster

12. Models of Indigenous territorial control in common law countries: a functional comparison 226

Malcolm Lavoie

PART V: INDIGENOUS RIGHTS, INVESTMENT, TRADE, AND ECONOMIC GROWTH

13. Indigenous peoples in international investment law: a TWAIL/UNDRIP reading 256

Ibironke T. Odumosu-Ayanu

14. Indigenous rights and trade: the USMCA and contemporary issues 280

Shannon Hale

15. Participation of Indigenous peoples in global economic activity 308

Ken Coates and Carin Holroyd

PART VI: INDIGENOUS CULTURAL HERITAGE, INTELLECTUAL PROPERTY RIGHTS, AND RELIGIOUS FREEDOM

16. Indigenous cultural heritage and international law 332

Federico Lenzerini

17. Indigenous peoples’ rights in equitable benefit-sharing over genetic resources: digital sequence information (DSI) and a new technological landscape 354

Chidi Oguamanam

18. Indigenous religious freedom in international law: a discussion of the potential of Articles 12 and 25 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) 376

Adrienne Tessier

PART VII: COMPLEXITIES OF INDIGENOUS PEOPLES, PLACES, AND IDENTITIES

19. Fiji and the UN Declaration on the Rights of Indigenous Peoples: indigeneity and the right to self-determination in a majority-Indigenous context 397

Dominic O’Sullivan

20. Transboundary rights and indigenous peoples between two or more states 413

Harum Mukhayer

21. Definitional complexities and the boundaries of the concept of Indigenous peoples 438

Nnaemeka Ezeani and Dwight Newman

Appendix 459

Index