Indigenous Peoples as Subjects of International Law (Indigenous Peoples and the Law)

La 4e de couverture indique : "For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed - mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples' rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth." Cover Half Title Title Page Copyright Page Table of Contents Acknowledgements Contributors Introduction 1. Aboriginal Nations, the Australian nation-state and Indigenous international legal traditions The world(s), the Dreaming(s) and the apocalypse(s) Aboriginal Nations of ‘Australia’ and an international legal tradition Conclusion 2. Domination in relation to Indigenous (‘dominated’) Peoples in international law Metaphors of domination and international law Dominated peoples and international law Indigenous Peoples are not part of an ‘objective’ physical reality UN Declaration on the Rights of Indigenous (‘dominated’) Peoples An aspiration to end the domination Imperial states and original nations Does the domination of Indigenous Peoples by states violate their rights? Conclusion 3. The ‘natural’ law of nations: society and the exclusion of First Nations as subjects of international law Introduction The natural law context of the ‘law of nations’ The Eurocentric concept of society Society and the nature of sovereignty International society and the ‘law of nations’ Just wars: in the interests of ‘human society’ Conclusion 4. Long before Munich: the American template for Hitlerian diplomacy The US progenitor Now, as regards those treaties Before the court of history Marking a path 5. First Nations, Indigenous Peoples: our laws have always been here Introduction Kaldowinyeri, that is the law We are the mainstream Recognition – but the state cannot see the laws and bodies of First Nations We know our own names and who we are Conclusion: why not get over it and assimilate? 6. Law and politics of Indigenous self-determination: the meaning of the right to prior consultation Introduction Indigenous self-determination and the inclusion–exclusion paradox Prior consultation: between inclusion and exclusion Critiques of the Prior Consultation Law Prior to prior consultation: territorial rights and the politics of Indigenous self-determination Conclusion 7. How governments manufacture consent and use it against Indigenous Peoples Introduction Canada and ‘real transparency’ ‘World conference’ (so-called) Conclusion Appendix A Appendix B Appendix C 8. ‘Kill the Indian in the child’: genocide in international law Introduction Peace and friendship in international law Colonial framework Drafting of the crime of genocide Genocide Convention Child welfare system Moving beyond colonialism Bibliography Index "For more than 500 years, indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed - mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of indigenous peoples, and of its relationship to global injustice. Beyond the issue of indigenous peoples' rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth."-- Back cover