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The UN declaration on the rights of indigenous peoples : a commentary / edited by Jessie Hohmann, Marc Weller.
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Title:The UN declaration on the rights of indigenous peoples : a commentary / edited by Jessie Hohmann, Marc Weller.
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Variant Title:United Nations Declaration on the Rights of Indigenous Peoples : a commentary
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Other Contributors/Collections:Hohmann, Jessie, editor.
Weller, M. (Marc), editor.
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Published/Created:Oxford ; New York, NY : Oxford University Press, 2018.
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Holdings
Holdings Record Display
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: K3247 .U5 2018
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:United Nations. General Assembly. Declaration on the Rights of Indigenous Peoples.
Indigenous peoples--Legal status, laws, etc.
Indigenous peoples (International law)
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Genre/Form:Law commentaries.
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Edition:First edition.
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Description:xlii, 611 pages ; 26 cm
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Series:Oxford commentaries on international law.
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Summary:"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"-- Publisher's website.
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Notes:Includes bibliographical references and index.
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ISBN:9780199673223 hardback
0199673225 hardback
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Contents:Machine generated contents note: pt. I UNDRIP'S RELATIONSHIP TO EXISTING INTERNATIONAL LAW
1. Who Are `Indigenous Peoples'? An Examination of Concepts Concerning Group Membership in the UNDRIP / Cathal Doyle
2. Making of the UNDRIP / Luis Rodriguez-Pinero
3. Relationship to Human Rights, and Related International Instruments / Mattias Ahren
4. UNDRIP and Interactions with International Investment Law / Christina Binder
pt. II GROUP IDENTITY, SELF-DETERMINATION, AND RELATIONS WITH STATES
5. Self-Determination of Indigenous Peoples: Articles 3, 4, 5, 18, 23, and 46(1) / Marc Weller
6. UNDRIP and the Rights of Indigenous Peoples to Existence, Cultural Integrity and Identity, and Non-Assimilation: Articles 7(2), 8, and 43 / Jessie Hohmann
7. Equality and Non-Discrimination in the UNDRIP: Articles 2, 6, and 7(1) / Kirsty Gover
8. Indigenous Belonging: Membership and Identity in the UNDRIP: Articles 9, 33, 35, and 36 / Kathryn Gunn
9. Free, Prior, and Informed Consent in the UNDRIP: Articles 10, 19, 29(2), and 32(2) / Mauro Barelli
pt. III RIGHTS TO CULTURE
10. Culture: Articles 11(1), 12, 13(1), 15, and 34 / Alexandra Xanthaki
11. Intellectual Property and Technologies: Article 31 / Tobias Stoll
12. Media: Article 16 / Daniel Joyce
13. Indigenous Education and the UNDRIP: Article 14 / Amy B Van Zyl-Chavarro
pt. IV RIGHTS TO LAND AND TERRITORY, NATURAL RESOURCES, AND ENVIRONMENT
14. Indigenous Peoples' Rights to Lands, Territories, and Resources in the UNDRIP: Articles 10, 25, 26, and 27 / Claire Charters
15. Control over Natural Resources and Protection of the Environment of Indigenous Territories: Articles 29, 30, and 32 / Stefania Errico
pt. V ECONOMIC AND SOCIAL RIGHTS
16. Labour Rights: Article 17 / Lee Swepston
17. Indigenous Rights to Development, Socio-Economic Rights, and Rights for Groups with Vulnerabilities: Articles 20-22, 24, and 44 / Jessie Hohmann
pt. VI INTERNATIONAL ASSISTANCE, REPARATIONS, AND REDRESS
18. Legal Implementation and International Cooperation and Assistance: Articles 37
42 / Federico Lenzerini
19. Reparations, Restitution, and Redress: Articles 8(2), 11(2), 20(2), and 28 / Federico Lenzerini.