State Succession In Respect Of Indigenous Land-related Treaties Signed By Indigenous Communities

Indigenous culture is a significant representative cultural group among the world's colorful cultures and has made great contributions to the cultural diversity of the world.However,as indigenous culture and colonial history are inextricably linked,the concept of"indigenous people"has been deprived and diminished in the ups and downs of the evolution of the nation-state since its birth.Indigenous land rights are the core and fundamental rights in the system of indigenous rights.In history,the change of national sovereignty caused by state succession blurred the effect of indigenous land rights and seriously threatened the protection of indigenous rights.This paper argues that indigenous land rights treaties are treaties with the force of international law,and because of their particularity,once signed,their effectiveness is independent of sovereign states and not affected by state succession.This paper studies the historical continuity of indigenous land rights from the perspective of the combination of treaty law and state inheritance,which is reasonable and well-grounded.Moreover,the formal theoretical innovation is supported by academic theories and international practices,rather than a fantasy.As a branch of international human rights law,the author first considers the international community's recognition of the effectiveness of human rights law treaties,and then considers the issue of the effectiveness of more detailed indigenous treaties under this major premise.It is precisely because of the precedent of international court cases in recognizing and supporting human rights treaties in state succession that the author is able to reflect on the theme of this paper.First,indigenous land rights are fundamental international human rights and are non-derogable.Secondly,indigenous land rights treaty is a special treaty.The generation and development evolution of aboriginal land rights treaty in this paper,the focus from the background of the treaty,to the interests of all parties in the process of signing and compromise considerations,after signing the form,the treaty of execution,etc.,in a more detailed study the status of land rights treaty and the treaty actual effect,influence and value.Text also peppered with a large number of cases to support arguments in each chapter,and in the final chapter will involve aboriginal land rights treaty effect problem in the national inheritance case make a key and a contrast analysis,the material about the case has inherited or reverse contrast between relationship,can be more clearly reflect the international community,especially the international court of justice to the attitude of the problem.