Human Rights

The UN Declaration on the Rights of Indigenous Peoples: A New Interpretative Approach

By Andrew Erueti
Oxford University Press May 2022

Specifications

ISBN-13
9780190068301
Publisher
Oxford University Press
Publication
May 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book offers a distinctive approach to the key international instrument on indigenous rights, the United Nations Declaration on the Rights of Indigenous Peoples (Declaration) based on a new account of the political history of the international indigenous movement as it intersected with the Declaration's negotiation.

The current orthodoxy is to read the Declaration as containing human rights adapted to the indigenous situation. However, this reading does not do full justice to the complexity and diversity of indigenous peoples' participation in the Declaration negotiations. Instead, the book argues that the Declaration should be subject to a novel, mixed-model reading that views the Declaration as embodying two distinct normative strands that serve different types of indigenous peoples. Not only is this model supported by the Declaration's political history and legal argument, it provides a new and compelling theory of the bases of international indigenous rights while clarifying the vexed question of who qualifies as indigenous for the purposes of international law.

Table of Contents

Introduction
Chapter 1: Negotiating the UN Declaration on the Rights of Indigenous Peoples
Chapter 2: The Human Rights Model
Chapter 3: Impact of Globalization: How to Read the Declaration
Chapter 4: Applying the Mixed-Model Interpretative Approach
Chapter 5: Conclusion
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