Overview

The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples

Full Product Details

Author:   Marc Weller (Lecturer in Law, Lecturer in Law, Queen Mary, University of London) ,  Jessie Hohmann (Professor of International Law and International Constitutional Studies, Professor of International Law and International Constitutional Studies, University of Cambridge)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.90cm , Height: 4.00cm , Length: 24.90cm
Weight:   1.280kg
ISBN:  

9780199673223

ISBN 10:   0199673225
Pages:   654
Publication Date:   22 March 2018
Audience:   Professional and scholarly ,  Professional and scholarly ,  Professional & Vocational ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Jessie Hohmann & Marc Weller : Introduction Part I The UNDRIPâs Relationship to Existing International Law 1: Joshua Castellino and Cathal Doyle : Who are Indigenous Peoples? An Examination of Concepts Concerning Group Membership in the United Nations Declaration on the Rights of Indigenous Peoples 2: S. James Anaya and Luis Rodríguez-Piñero : The Making of the United Nations Declaration on the Rights of Indigenous Peoples 3: Martin Scheinin and Mattias Ahrén : Relationship to Human Rights, and Related International Instruments 4: Christina Binder : UNDRIP and Interactions with International Investment Law Part II Group Identity, Self-Determination and Relations with States 5: Marc Weller : Self-determination of Indigenous Peoples Articles 3, 4, 5, 18, 23 and 46 (1) 6: Jessie Hohmann : The UNDRIP and the Rights of Indigenous Peoples to Existence, Cultural Integrity and Identity, and Non-Assimilation â Articles 7(2), 8 and 43 7: Kirsty Gover : Equality and Non-discrimination in the UNDRIP Articles 2, 6, and 7(1) 8: Indigenous Belonging: Membership and Identity in the UNDRIP: Articles 9, 33, 35, and 36 (Shin Imai and Kathryn Gunn) 9: Mauro Barelli : Free, Prior and Informed Consent in the United Nations Declaration on the Rights of Indigenous Peoples Articles 10, 19, 29(2) and 32(2) Part III Rights to Culture 10: Alexandra Xanthaki : Culture Articles 11(1), 12, 13(1), and 34 11: Tobias Stoll : Intellectual Property and Technologies Article 31 12: Daniel Joyce : Media Article 16 13: Lorie Graham and Amy B. Van Zyl-Chavarro : Indigenous Education and the UN Declaration on the Rights of Indigenous Peoples Article 14 Part IV Rights to Land and Territory, Natural Resources and Environment 14: Claire Charters : Indigenous Peoplesâ Rights to Lands, Territories and Resources in the United Nations Declaration on the Rights of Indigenous Peoples Articles 25, 26, 27 and 10 15: Stefania Errico : Control over Natural Resources and Protection of the Environment of Indigenous Territories â Articles 29, 30 and 32 Part V Economic and Social Rights 16: Lee Swepston : Article 17 of the United Nations Declaration on the Rights of Indigenous Peoples Article 17 17: Camilo Pérez-Bustillo and Jessie Hohmann : Indigenous Rights to Development, Socio-Economic Rights, and Rights for Groups with Vulnerabilities Articles 20 22, 24 and 44 Part VI International Assistance, Reparations and Redress 18: Willem van Genugten and Federico Lenzerini : Articles 37-42 UNDRIP: Legal Implementation and International Cooperation and Assistance 19: Federico Lenzerini: Reparations, Restitution and Redress Articles 8(2), 11(2), 20(2) and 28

Reviews

Editors Jessie Hohmann and Marc Weller have presided over an important book which will make a significant contribution to the debate on what is fundamentally an important human rights issue. Also note that this very readable and carefully structured work of reference contains ample research resources as well as extensive tables of cases of cases and legislation. * Phillip Taylor MBE, Head of Chambers, and Elizabeth Taylor, Richmond Green Chamber *

Author Information

Dr.Jessie Hohmann took up a lectureship with Queen Mary in September 2012, after completing a British Academy Post-Doctoral Research Fellowship at the Lauterpacht Centre for International Law, University of Cambridge. Dr Hohmann has broad research interests in the fields of human rights, international law, indigenous rights, theories of human rights and international law (particularly critical theories), and the role of human rights in social struggles. Marc Weller is Professor of International Law and International Constitutional Studies at the University of Cambridge and Director of the Lauterpacht Centre for International Law. From 2000 to 2009, he was Director of the European Centre for Minority Issues. He has authored, edited, or co-edited twenty books, including Iraq and the Use of Force in International Law (OUP, 2010) and Political Participation of Minorities (OUP, 2010).

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