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Research Handbook on the International Law of Indigenous Rights
This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising in international Indigenous rights law.
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Critical Acclaim
Contributors
Contents
More Information
This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising for Indigenous peoples.
Offering readers an engaging review of ongoing lawmaking, adoption and implementation processes from both a global and regional perspective, it also investigates the important elements of Indigenous rights and economic issues, including trade, investment and economic growth. Furthermore, it offers timely coverage of environmental rights, land and natural resources.
This essential Handbook will provide a useful discussion point for practitioners on Indigenous rights developments and scholars looking for an innovative approach on cutting-edge issues. Policy-makers wanting to understand the major issues with the implementation of the UN Declaration on the Rights of Indigenous People (UNDRIP) will also find this invaluable.
Offering readers an engaging review of ongoing lawmaking, adoption and implementation processes from both a global and regional perspective, it also investigates the important elements of Indigenous rights and economic issues, including trade, investment and economic growth. Furthermore, it offers timely coverage of environmental rights, land and natural resources.
This essential Handbook will provide a useful discussion point for practitioners on Indigenous rights developments and scholars looking for an innovative approach on cutting-edge issues. Policy-makers wanting to understand the major issues with the implementation of the UN Declaration on the Rights of Indigenous People (UNDRIP) will also find this invaluable.
Critical Acclaim
‘This Research Handbook not only examines key issues concerning the origins, content and purpose of the international Indigenous rights regime but also explores less obvious themes such as the question of collective religious rights and the intersections between Indigenous rights and the rights of other ethno-cultural groups. The volume attaches special importance to the economic dimension of Indigenous peoples’ rights, featuring a number of chapters focused on the timely questions of trade, investment and economic growth. This edited collection is a welcome addition to the literature and represents an important resource for the continued study of the international law of Indigenous peoples’ rights.’
– Mauro Barelli, City, University of London, UK
‘The Research Handbook on the International Law of Indigenous Rights provides a comprehensive account of Indigenous peoples in international law from orthodox, critical, realist, practical, interdisciplinary and aspirational perspectives. The breadth of topics covered, especially those less-examined in existing literature, as well as the inclusion of both well-established commentators with emerging scholars from around the globe, reflects the originality of this contribution and is to be highly commended.’
– Claire Charters, University of Auckland, New Zealand
– Mauro Barelli, City, University of London, UK
‘The Research Handbook on the International Law of Indigenous Rights provides a comprehensive account of Indigenous peoples in international law from orthodox, critical, realist, practical, interdisciplinary and aspirational perspectives. The breadth of topics covered, especially those less-examined in existing literature, as well as the inclusion of both well-established commentators with emerging scholars from around the globe, reflects the originality of this contribution and is to be highly commended.’
– Claire Charters, University of Auckland, New Zealand
Contributors
Contributors: Mattias Åhrén, Lola Ayotunde, Dorothée Cambou, Ken Coates, Leonardo A. Crippa, Cathal Doyle, Nnaemeka Ezeani, George K. Foster, Shannon Hale, Leena Heinämäki, Carin Holroyd, Malcolm Lavoie, Federico Lenzerini, Lucas Lixinski, Harum Mukhayer, Dwight Newman, Dominic O’Sullivan, Ibironke Odumosu-Ayanu, Chidi Oguamanam, Adrienne Tessier
Contents
Contents:
Preface xiv
Note to readers on capitalization of Indigenous xv
PART I INTRODUCTION
1 Internationalization of the law of Indigenous rights 2
Dwight Newman
PART II ONGOING LAWMAKING ON INDIGENOUS RIGHTS IN
GLOBAL AND REGIONAL CONTEXTS
2 Regional Indigenous rights and the (dis)contents of translation: a view
from Latin America 10
Lucas Lixinski
3 The American Declaration on the Rights of Indigenous Peoples: the
law-making, adoption and implementation processes 25
Leonardo A. Crippa
4 The emergence and evolution of the global Indigenous rights movement 43
Ken Coates and Carin Holroyd
5 Evaluation of Indigenous peoples’ influence during the drafting process
of UNDRIP 56
Lola Ayotunde
PART III INDIGENOUS SELF-DETERMINATION, PARTICIPATORY
RIGHTS, AND NATURAL RESOURCES
6 Self-determination rights 75
Alexandra Xanthaki
7 Free prior and informed consent and Indigenous rights: a bulwark
against discrimination and platform for self-determination 96
Cathal Doyle
8 Indigenous resource rights at their core (and what these are not) 129
Mattias Åhrén
PART IV INDIGENOUS LAND, RESOURCE, AND ENVIRONMENTAL
RIGHTS
9 Indigenous peoples’ right to self-determination and the principle of
state sovereignty over natural resources: a human rights approach and
its constructive ambiguity 148
Dorothée Cambou
10 Indigenous peoples’ environmental human rights – from objects of
protection towards stewardship: assessment of current international standards 169
Leena Heinämäki
11 Indigenous participation in resource development: the promise and
limitations of international safeguards 202
George K. Foster
12 Models of Indigenous territorial control in common law countries:
a functional comparison 226
Malcolm Lavoie
PART V INDIGENOUS RIGHTS, INVESTMENT, TRADE, AND
ECONOMIC GROWTH
13 Indigenous peoples in international investment law: a TWAIL/UNDRIP
reading 256
Ibironke T. Odumosu-Ayanu
14 Indigenous rights and trade: the USMCA and contemporary issues 280
Shannon Hale
15 Participation of Indigenous peoples in global economic activity 308
Ken Coates and Carin Holroyd
PART VI INDIGENOUS CULTURAL HERITAGE, INTELLECTUAL
PROPERTY RIGHTS, AND RELIGIOUS FREEDOM
16 Indigenous cultural heritage and international law 332
Federico Lenzerini
17 Indigenous peoples’ rights in equitable benefit-sharing over genetic
resources: digital sequence information (DSI) and a new technological
landscape 354
Chidi Oguamanam
18 Indigenous religious freedom in international law: a discussion of the
potential of Articles 12 and 25 of the United Nations Declaration on the
Rights of Indigenous Peoples (UNDRIP) 376
Adrienne Tessier
PART VII COMPLEXITIES OF INDIGENOUS PEOPLES, PLACES,
AND IDENTITIES
19 Fiji and the UN Declaration on the Rights of Indigenous Peoples:
indigeneity and the right to self-determination in a majority-Indigenous
context 397
Dominic O’Sullivan
20 Transboundary rights and indigenous peoples between two or more states 413
Harum Mukhayer
21 Definitional complexities and the boundaries of the concept of
Indigenous peoples 438
Nnaemeka Ezeani and Dwight Newman
Appendix 459
Index 492
Preface xiv
Note to readers on capitalization of Indigenous xv
PART I INTRODUCTION
1 Internationalization of the law of Indigenous rights 2
Dwight Newman
PART II ONGOING LAWMAKING ON INDIGENOUS RIGHTS IN
GLOBAL AND REGIONAL CONTEXTS
2 Regional Indigenous rights and the (dis)contents of translation: a view
from Latin America 10
Lucas Lixinski
3 The American Declaration on the Rights of Indigenous Peoples: the
law-making, adoption and implementation processes 25
Leonardo A. Crippa
4 The emergence and evolution of the global Indigenous rights movement 43
Ken Coates and Carin Holroyd
5 Evaluation of Indigenous peoples’ influence during the drafting process
of UNDRIP 56
Lola Ayotunde
PART III INDIGENOUS SELF-DETERMINATION, PARTICIPATORY
RIGHTS, AND NATURAL RESOURCES
6 Self-determination rights 75
Alexandra Xanthaki
7 Free prior and informed consent and Indigenous rights: a bulwark
against discrimination and platform for self-determination 96
Cathal Doyle
8 Indigenous resource rights at their core (and what these are not) 129
Mattias Åhrén
PART IV INDIGENOUS LAND, RESOURCE, AND ENVIRONMENTAL
RIGHTS
9 Indigenous peoples’ right to self-determination and the principle of
state sovereignty over natural resources: a human rights approach and
its constructive ambiguity 148
Dorothée Cambou
10 Indigenous peoples’ environmental human rights – from objects of
protection towards stewardship: assessment of current international standards 169
Leena Heinämäki
11 Indigenous participation in resource development: the promise and
limitations of international safeguards 202
George K. Foster
12 Models of Indigenous territorial control in common law countries:
a functional comparison 226
Malcolm Lavoie
PART V INDIGENOUS RIGHTS, INVESTMENT, TRADE, AND
ECONOMIC GROWTH
13 Indigenous peoples in international investment law: a TWAIL/UNDRIP
reading 256
Ibironke T. Odumosu-Ayanu
14 Indigenous rights and trade: the USMCA and contemporary issues 280
Shannon Hale
15 Participation of Indigenous peoples in global economic activity 308
Ken Coates and Carin Holroyd
PART VI INDIGENOUS CULTURAL HERITAGE, INTELLECTUAL
PROPERTY RIGHTS, AND RELIGIOUS FREEDOM
16 Indigenous cultural heritage and international law 332
Federico Lenzerini
17 Indigenous peoples’ rights in equitable benefit-sharing over genetic
resources: digital sequence information (DSI) and a new technological
landscape 354
Chidi Oguamanam
18 Indigenous religious freedom in international law: a discussion of the
potential of Articles 12 and 25 of the United Nations Declaration on the
Rights of Indigenous Peoples (UNDRIP) 376
Adrienne Tessier
PART VII COMPLEXITIES OF INDIGENOUS PEOPLES, PLACES,
AND IDENTITIES
19 Fiji and the UN Declaration on the Rights of Indigenous Peoples:
indigeneity and the right to self-determination in a majority-Indigenous
context 397
Dominic O’Sullivan
20 Transboundary rights and indigenous peoples between two or more states 413
Harum Mukhayer
21 Definitional complexities and the boundaries of the concept of
Indigenous peoples 438
Nnaemeka Ezeani and Dwight Newman
Appendix 459
Index 492
