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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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Indigenous Peoples, Consent and Rights - Troubling Subjects (Hardcover)
Loot Price: R4,206
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Indigenous Peoples, Consent and Rights - Troubling Subjects (Hardcover)
Series: Indigenous Peoples and the Law
Expected to ship within 10 - 15 working days
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Analysing how Indigenous Peoples come to be identifiable as bearers
of human rights, this book considers how individuals and
communities claim the right of free, prior and informed consent
(FPIC) as Indigenous peoples. The basic notion of FPIC is that
states should seek Indigenous peoples' consent before taking
actions that will have an impact on them, their territories or
their livelihoods. FPIC is an important development for Indigenous
peoples, their advocates and supporters because one might assume
that, where states recognize it, Indigenous peoples will have the
ability to control how non-Indigenous laws and actions will affect
them. But who exactly are the Indigenous peoples that are the
subjects of this discourse? This book argues that the subject
status of Indigenous peoples emerged out of international law in
the late 1970s and early 1980s. Then, through a series of case
studies, it considers how self-identifying Indigenous peoples,
scholars, UN institutions and non-government organizations (NGOs)
dispersed that subject-status and associated rights discourse
through international and national legal contexts. It shows that
those who claim international human rights as Indigenous peoples
performatively become identifiable subjects of international law -
but further demonstrates that this does not, however, provide them
with control over, or emancipation from, a state-based legal
system. Maintaining that the discourse on Indigenous peoples and
international law itself needs to be theoretically and critically
re-appraised, this book problematises the subject-status of those
who claim Indigenous peoples' rights and the role of scholars,
institutions, NGOs and others in producing that subject-status.
Squarely addressing the limitations of international human rights
law, it nevertheless goes on to provide a conceptual framework for
rethinking the promise and power of Indigenous peoples' rights.
Original and sophisticated, the book will appeal to scholars,
activists and lawyers involved with indigenous rights, as well as
those with more general interests in the operation of international
law.
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