Fitting Indigenous Rights to Land and Resources into International Human Rights Law: The Challenge of Advocating within a State-Centred System
AbstractThe author questions whether it is effective to advocate for indigenous rights to land and resources in international human rights arena, given the state-centered structure of international law. The author examines why indigenous peoples have historically been excluded from the international legal arena;why the structure of international law causes challenges for the recognition of indigenous peoples’ rights; why rights to land and resources are necessary components of indigenous peoples’ fundamental human rights; and in what ways indigenous rights to land and resources have been recognized in international human rights doctrine over the past several decades.
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