Part I The UNDRIP’s relationship to existing international law, Ch.1 Who are ‘Indigenous Peoples’? An examination of concepts concerning group membership in the UNDRIP

Castellino, Joshua and Doyle, Cathal ORCID: https://orcid.org/0000-0001-8463-3128 (2018) Part I The UNDRIP’s relationship to existing international law, Ch.1 Who are ‘Indigenous Peoples’? An examination of concepts concerning group membership in the UNDRIP. In: The UN Declaration on the Rights of Indigenous Peoples: a commentary. Hohmann, Jessie and Weller, Marc, eds. Oxford Commentaries on International Law . Oxford University Press, pp. 7-37. ISBN 9780199673223. [Book Section] (doi:10.1093/law/9780199673223.003.0002)

Abstract

This chapter assesses the question of the people and peoples to whom the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) applies, tracking the concepts of person, persons, groups, people, and peoples in international law, and the UNDRIP's contribution to these concepts. The opening section of the chapter illustrates that the status of indigenous peoples in customary international law stands closer to peoples in the continuum between minorities and peoples. Minorities, while gaining the right to protection and promotion of their group identity, do not automatically gain the right to self-determination. Indigenous peoples ought to, but their rights towards this are constrained by state interests.

Item Type: Book Section
Research Areas: A. > School of Law > Law and Politics
Item ID: 17186
Useful Links:
Depositing User: Joanne Nunn
Date Deposited: 06 Jul 2015 10:02
Last Modified: 09 Jul 2020 13:14
URI: https://eprints.mdx.ac.uk/id/eprint/17186

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