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Indigenous Peoples as Subjects of International Law

Indigenous Peoples as Subjects of International Law

Author: Irene Watson
Publisher: Routledge
ISBN: 9781138645158
Published In: July 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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, critical anthropology, 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.

Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.

Contents Acknowledgements Contributors Introduction Irene Watson 1 Aboriginal nations, the Australian nation-state and Indigenous international legal traditions Ambellin Kwaymullina 2 Domination in relation to Indigenous ('dominated') Peoples in international law Steven Newcomb 3 Natural law and the law of nations: 'society' and the exclusion of First Nations as subjects of international law Marcelle Burns 4 Long before Munich: the American template for Hitlerian diplomacy Ward Churchill 5 First Nations, Indigenous Peoples: our laws have always been here Irene Watson 5 Law and politics of Indigenous self-determination: the meaning of the right to prior consultation Roger Merino 7 How governments manufacture consent and use it against Indigenous Peoples Sharon Venne 8 'Kill the Indian in the child': genocide in international law Tamara Starblanket Bibliography Index