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Our elders understand our rights: Evolving international law regarding indigenous peoples

Posted on:1998-11-20Degree:LL.MType:Thesis
University:University of Alberta (Canada)Candidate:Venne, Sharon HelenFull Text:PDF
GTID:2466390014479415Subject:Law
Abstract/Summary:
This thesis argues that the rights of Peoples in international law extends to Indigenous Peoples who are colonized. Following Columbus, the doctrine of discovery was developed by Eurocentric states to deny that Indigenous Peoples are subjects of international law. Rather, the doctrine relegates Indigenous Peoples to being objects, a position that Indigenous Peoples never accepted.;The first three chapters of this thesis explore and analyze international law and the various international organizations, including two regional bodies, which have developed in the twentieth century are explored in relation to their response to Indigenous and Peoples' issues. The UN-specialized agency system is only one place where international law norms can be affected. This thesis documents one such process.;The last two chapters focus on the development of the Draft Declaration on the Rights of Indigenous Peoples and its passage through the UN system. The Draft Declaration is analyzed as a unique international instrument not only in its contents but also in the manner in which it was drafted--in public with the full participation of Indigenous Peoples. The Draft Declaration process allowed Indigenous Peoples to move from being observers to subjects in the evolving international law norms on their rights.
Keywords/Search Tags:Indigenous peoples, International law, Rights
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