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Title: Indigenous rights and state opposition : a case study on the United States of America, Canada, Australia and New Zealand
Author: Witbrodt, Matthew
ISNI:       0000 0004 2745 6980
Awarding Body: Lancaster University
Current Institution: Lancaster University
Date of Award: 2011
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The present study considers international law and indigenous peoples in relation to the four States who voted against the adoption of the UN Declaration on the Rights of Indigenous Peoples in September of 2007. The four states -the United States of America, Canada, Australia and New Zealand -share a common bond in voting against the Declaration, as well as a common colonial heritage as all four States are former British colonies. The study considers the means and modes of the British colonial project; the perception of indigenous peoples under both natural and positivist international legal theory during colonization; the subsequent treatment of indigenous peoples within the jurisprudence and legal frameworks of the four emerging States; the resulting treatment of the indigenous peoples within the four States; the subsequent re-engagement of the issue if indigenous peoples in international law; and the provisions of the Declaration in relation to the oppositional stance of the four States, as well as the legal status of the provisions within the text of the Declaration itself. The objective of the study is to consider the resulting legal relationship and progress made in the contemporary international engagement of indigenous rights in relation to Cassese's description of international law shifting from universalism to eurocentricism by the 19th century, only to begin to swing back towards a universal approach to international law contemporarily.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available