Research Handbook on the International Law of Indigenous Rights

Edited by Dwight Newman, KC, Professor of Law and Canada Research Chair in Indigenous Rights in Constitutional and International Law, College of Law, University of Saskatchewan, Canada

Contents:

Preface xiv
Note to readers on capitalization of Indigenous xv

PART I INTRODUCTION
1 Internationalization of the law of Indigenous rights 2
Dwight Newman

PART II ONGOING LAWMAKING ON INDIGENOUS RIGHTS IN
GLOBAL AND REGIONAL CONTEXTS
2 Regional Indigenous rights and the (dis)contents of translation: a view
from Latin America 10
Lucas Lixinski
3 The American Declaration on the Rights of Indigenous Peoples: the
law-making, adoption and implementation processes 25
Leonardo A. Crippa
4 The emergence and evolution of the global Indigenous rights movement 43
Ken Coates and Carin Holroyd
5 Evaluation of Indigenous peoples’ influence during the drafting process
of UNDRIP 56
Lola Ayotunde

PART III INDIGENOUS SELF-DETERMINATION, PARTICIPATORY
RIGHTS, AND NATURAL RESOURCES
6 Self-determination rights 75
Alexandra Xanthaki
7 Free prior and informed consent and Indigenous rights: a bulwark
against discrimination and platform for self-determination 96
Cathal Doyle
8 Indigenous resource rights at their core (and what these are not) 129
Mattias Åhrén

PART IV INDIGENOUS LAND, RESOURCE, AND ENVIRONMENTAL
RIGHTS
9 Indigenous peoples’ right to self-determination and the principle of
state sovereignty over natural resources: a human rights approach and
its constructive ambiguity 148
Dorothée Cambou
10 Indigenous peoples’ environmental human rights – from objects of
protection towards stewardship: assessment of current international standards 169
Leena Heinämäki
11 Indigenous participation in resource development: the promise and
limitations of international safeguards 202
George K. Foster
12 Models of Indigenous territorial control in common law countries:
a functional comparison 226
Malcolm Lavoie

PART V INDIGENOUS RIGHTS, INVESTMENT, TRADE, AND
ECONOMIC GROWTH
13 Indigenous peoples in international investment law: a TWAIL/UNDRIP
reading 256
Ibironke T. Odumosu-Ayanu
14 Indigenous rights and trade: the USMCA and contemporary issues 280
Shannon Hale
15 Participation of Indigenous peoples in global economic activity 308
Ken Coates and Carin Holroyd

PART VI INDIGENOUS CULTURAL HERITAGE, INTELLECTUAL
PROPERTY RIGHTS, AND RELIGIOUS FREEDOM
16 Indigenous cultural heritage and international law 332
Federico Lenzerini
17 Indigenous peoples’ rights in equitable benefit-sharing over genetic
resources: digital sequence information (DSI) and a new technological
landscape 354
Chidi Oguamanam
18 Indigenous religious freedom in international law: a discussion of the
potential of Articles 12 and 25 of the United Nations Declaration on the
Rights of Indigenous Peoples (UNDRIP) 376
Adrienne Tessier

PART VII COMPLEXITIES OF INDIGENOUS PEOPLES, PLACES,
AND IDENTITIES
19 Fiji and the UN Declaration on the Rights of Indigenous Peoples:
indigeneity and the right to self-determination in a majority-Indigenous
context 397
Dominic O’Sullivan
20 Transboundary rights and indigenous peoples between two or more states 413
Harum Mukhayer
21 Definitional complexities and the boundaries of the concept of
Indigenous peoples 438
Nnaemeka Ezeani and Dwight Newman
Appendix 459

Index 492