Review: "During the past decade there has emerged growing criticism largely from anti-essentialist social scientists and multicultural politicians advocating a critique of ethnic and indigenous movements, accompanied by a general backlash in governmental policies and public opinion towards ideigneous communities. This book focuses on the implication of change for indigenous peoples, their political, legal and cultural strategies."--BOOK JACKET
The importance of Indigenous self-determination was enhanced when the UN General Assembly adopted the Declaration on the Rights of Indigenous Peoples in 2007. Yet, as this volume's contributors suggest, much more work is needed in terms of understanding what Indigenous self-determination means in theory and how it is to be achieved in practice.
Modern Law of Self-Determination examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general `Balkanization' of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination. Modern Law of Self-Determination is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.
Digital media–GIFs, films, TED Talks, tweets, and more–have become integral to daily life and, unsurprisingly, to Indigenous people’s strategies for addressing the historical and ongoing effects of colonization. In Sámi Media and Indigenous Agency in the Arctic North, Thomas DuBois and Coppélie Cocq examine how Sámi people of Norway, Finland, and Sweden use media to advance a social, cultural, and political agenda anchored in notions of cultural continuity and self-determination. Beginning in the 1970s, Sámi have used Sámi-language media—including commercially produced musical recordings, feature and documentary films, books of literature and poetry, and magazines—to communicate a sense of identity both within the Sámi community and within broader Nordic and international arenas. In more contemporary contexts—from YouTube music videos that combine rock and joik (a traditional Sámi musical genre) to Twitter hashtags that publicize protests against mining projects in Sámi lands—Sámi activists, artists, and cultural workers have used the media to undo layers of ignorance surrounding Sámi livelihoods and rights to self-determination. Downloadable songs, music festivals, films, videos, social media posts, images, and tweets are just some of the diverse media through which Sámi activists transform how Nordic majority populations view and understand Sámi minority communities and, more globally, how modern states regard and treat Indigenous populations.
Although most international lawyers assumed that the distribution of the land surface of the earth between States was more or less final after the end of decolonization, recent practice has disproved this assumption. Eritrea separated from Ethiopia and new States were created out of the former Soviet Union, the former Yugoslavia and the former Czechoslovakia. There is no reason to believe that these events form the end of the creation of new States. Numerous communities within existing States claim a right to full separate statehood on the basis of their entitlement to an alleged right to self-determination. However, in most cases, the international community rejected such claims to statehood, even if the territorial entity satisfied the traditional criteria for statehood. On the other hand, in other cases, including some of those mentioned above, the international community acknowledged the statehood of entities which clearly failed to meet these criteria. In the light of the above-mentioned developments, this book examines the modern law of statehood, and in particular the role of the law of self-determination in the process of the formation of States in international law. The study shows that the law of statehood has changed considerably since the establishment of the United Nations. It is argued that the law of self-determination is particularly relevant for explaining the international community's position regarding the general recognition, or the general denial, of statehood of different territorial entities under contemporary international law.
The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.
In today's world, there are more than 2000 thousand ethnic groups but only 192 states. When dominant ethnic groups ignore the socio-economic and cultural identity needs and rights of other peoples within the same state, demands for self-determination arise. Wars that threaten the stability of whole regions often result. This book - the collected papers of the historic First International Conference on the Right to Self-Determination & the United Nations held in Geneva in August, 2000 - is unique in that the issue of the right to self-determination is explored within the context of just demands by those to whom it means the most. It presents the views of minority members of various parliaments, UN experts and distinguished scholars, as well as interventions from NGO attendees from all corners of the globe expressing the self-determination needs and struggles of a wide range of indigenous populations, minorities, and internal nations: Kashmiris, QuebeÇois, Irish, Tamils, Native Americans, African Americans, Saamis, South Moluccans, Roma, Dalits of India, Canadian First Nations, Khmer Krom of Vietnam, Chechens, Mon of Burma, Puerto Ricans, Native Hawaiians, the Quichua indigenous nation of Ecuador, the Zanzibaris, etc. The Collected Papers address such questions as: The role of the UN in implementing just demands for self-determination Self-determination as a form of collective restorative justice The relationship between policies of forced assimilation and racism, ethnocide and armed conflict Self-determination through minority rights, internal autonomy or Secession Self-determination as a means of further democratization of the UN and the international system
Adopted in 2007, the UN Declaration on the Rights of Indigenous Peoples establishes self-determination--including free, prior, and informed consent--as a foundational right and principle. Self-determination, both individual and collective, is among the most important and pressing issues for Indigenous women worldwide. Yet Indigenous women's interests have been overlooked in the formulation of Indigenous self-government, and existing studies of Indigenous self-government largely ignore issues of gender. As such, the current literature on Indigenous governance conceals patriarchal structures and power that create barriers for women to resources and participation in Indigenous societies. Drawing on Indigenous and feminist political and legal theory--as well as extensive participant interviews in Canada, Greenland, and Scandinavia-- this book argues that the current rights discourse and focus on Indigenous-state relations is too limited in scope to convey the full meaning of "self-determination" for Indigenous peoples. The book conceptualizes self-determination as a foundational value informed by the norm of integrity and suggests that Indigenous self-determination cannot be achieved without restructuring all relations of domination nor can it be secured in the absence of gender justice. As a foundational value, self-determination seeks to restructure all relations of domination, not only hegemonic relations with the state. Importantly, it challenges the opposition between "self-determination" and "gender" created and maintained by international law, Indigenous political discourse, and Indigenous institutions. Restructuring relations of domination further entails examining the gender regimes present in existing Indigenous self-government institutions, interrogating the relationship between Indigenous self-determination and gender violence, and considering future visions of Indigenous self-determination, such as rematriation of Indigenous governance and an independent statehood.
This collection of essays is based upon the presentations given at a symposium on the occasion of the 65th birthday of Professor Rüdiger Wolfrum in December 2006. The contributions cover a wide range of contemporary issues of international law, including state responsibility, crisis management, unity of law, deep sea genetic resources, liability for environmental damage in Antarctica, human rights and intellectual property, and the protection of minorities.
This volume explores broad conceptual questions raised by the 'discovery' of indigenous peoples as increasingly important global political actors - questions made all the more urgent by the sudden recognition that indigenous diplomacies are not at all new, but merely newly noticed.
