This intricate volume reviews the historical development of the
discriminatory body of law that applies to the indigenous peoples
of the Western Hemisphere, beginning with the papal bull Inter
Caetera of 1493 and ending with the recent developments of the
United Nations' Working Group on Indigenous Populations. James
Falkowski explains how the legal system of the European colonizers,
which was later adopted by the European settler population,
developed special doctrines that applied only to the indigenous
peoples and legalized the erosion of the rights of the vanishing
race. Falkowski demonstrates how two systems of law--one applying
to civilized peoples, and the other to the backwards races--were
devised and justified.
The author traces the development of The Sacred Trust of
Civilization from its origin in the writings of Spaniard Francisco
de Victoria and the Englishman Edmund Burke, through its
internationalization in the League of Nations' Native Inhabitants
Clause, and the United Nations' Non-Self-Governing Territories
provision. He evaluates the exclusion of the indigenous peoples
from these protections through the rejection of the Belgian Thesis.
Falkowski goes on to review the refinements in the separate body of
law that applies to indigenous peoples by the ILO, and recent
efforts by the Working Group on Indigenous Populations to remedy
this situation. The author also examines the treatment of
indigenous peoples by international courts and the United States
Supreme Court. He rejects theories justifying overland colonization
and proposes the reform of Indian law through the application of
international human rights principles. The book contains the
complete text of numerous important documents that pertain to the
rights of indigenous peoples. "Indian Law/Race LaW" will appeal to
historians as well as those interested in Indian law, and the
development of international and human rights law.
General
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!
Welcome to Loot.co.za!
Sign in / Register |Wishlists & Gift Vouchers |Help | Advanced search
