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Examining the Limits of International Law on Indigenous Self-determination in Australia and Aotearoa
Graduate Thesis/Dissertation   Open access

Examining the Limits of International Law on Indigenous Self-determination in Australia and Aotearoa

Holly Lawson MacKenzie Elson-Fisher
~ Bachelor of Laws with Honours - LLB (Hons), University of Otago
2024
Handle:
https://hdl.handle.net/10523/46946
Appears in  Dissertations

Abstract

New Zealand Australia Law Indigenous self-determination state-centrism Otago Yearbook of Legal Research
The right of self-determination lies at the heart of Indigenous issues around the world. It enables Indigenous peoples to determine who they are, their culture, beliefs and aspirations for the future. Indigenous peoples have fought for their ability to determine their lives in the face of colonial injustice, including through processes in the international arena. This paper considers how the international system has struggled to recognise the significance of this right for Indigenous peoples. Built on ideas of preserving peace, the United Nations (UN) and its laws serve the interests of sovereign states. Within this system, states are afforded significant power to influence international law and its processes in ways that benefit them. In this way, the international system is state-centric. This paper examines how state-centricity has limited Indigenous self-determination at the international and domestic levels.
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