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dc.contributor.authorYoung, Stephen
dc.date.available2021-02-11T21:05:01Z
dc.date.copyright2020
dc.identifier.citationYoung, S. (2020). Indigenous peoples, consents and rights: Troubling subjects. Routledge. doi:https://doi.org/10.4324/9780429330773en
dc.identifier.urihttp://hdl.handle.net/10523/10687
dc.description.abstractAnalysing 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.en_NZ
dc.language.isoenen_NZ
dc.publisherRoutledgeen_NZ
dc.relation.urihttps://www.taylorfrancis.com/books/indigenous-peoples-consent-rights-stephen-young/10.4324/9780429330773en_NZ
dc.subjectIndigenous peoplesen_NZ
dc.subjectinternational lawen_NZ
dc.subjecthuman rightsen_NZ
dc.subjectinternational legal discourseen_NZ
dc.subjectperformativityen_NZ
dc.subjectlegal performativityen_NZ
dc.subjectsubjectionen_NZ
dc.subjectfree, prior and informed consenten_NZ
dc.subjectrightsen_NZ
dc.subjectrights-based discourseen_NZ
dc.titleIndigenous peoples, consents and rights: Troubling subjectsen_NZ
dc.typeBook
dc.date.updated2021-02-11T01:11:57Z
otago.bitstream.pages276en_NZ
otago.schoolUniversity of Otago, Faculty of Lawen_NZ
dc.identifier.doihttps://doi.org/10.4324/9780429330773en_NZ
otago.openaccessAbstract Onlyen_NZ
dc.rights.statementThey own copyrighten_NZ
dc.description.refereedPeer Revieweden_NZ
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