
Contents
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1 Introduction 1 Introduction
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2 Development of the Concept of Indigenous Peoples in International Law 2 Development of the Concept of Indigenous Peoples in International Law
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3 Conceptual Issues Related to the Position of Indigenous Peoples in International Law 3 Conceptual Issues Related to the Position of Indigenous Peoples in International Law
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3.1 Critical Assumptions and Distinctions 3.1 Critical Assumptions and Distinctions
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3.2 Collective Representation of Indigenous Peoples 3.2 Collective Representation of Indigenous Peoples
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4 Role of Indigenous Peoples in International Environmental Law 4 Role of Indigenous Peoples in International Environmental Law
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4.1 Community Rights and Partnerships 4.1 Community Rights and Partnerships
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4.2 Land and Ecological Knowledge 4.2 Land and Ecological Knowledge
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5 Distinctively Indigenous Rights and the Environment 5 Distinctively Indigenous Rights and the Environment
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5.1 Distinctive Political Rights: Self-Definition and Participation 5.1 Distinctive Political Rights: Self-Definition and Participation
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5.2 Distinctive Substantive Rights 5.2 Distinctive Substantive Rights
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5.2.1 Rights to Land and the Environment 5.2.1 Rights to Land and the Environment
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5.2.2 Intellectual and Cultural Property Rights 5.2.2 Intellectual and Cultural Property Rights
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5.3 Right to External Self-Determination 5.3 Right to External Self-Determination
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6 Indigenous Responsibilities 6 Indigenous Responsibilities
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7 Conclusions 7 Conclusions
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Recommended Reading Recommended Reading
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36 Indigenous Peoples
Get accessRussel Lawrence Barsh studied anthropology and law at Harvard University, United States. Besides teaching, he has participated in UN studies and negotiations on indigenous peoples from 1981–2001 as representative of an indigenous nongovernmental organization and adviser to UN agencies. He runs an ecological research laboratory in the San Juan Islands near Seattle, Washington.
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Published:August 2008
Cite
Extract
Indigenous peoples and their communities and other local communities have a vital role in environmental management and development because of their knowledge and traditional practices. States should recognize and duly support their identity, culture and interests and enable their effective participation in the achievement of sustainable development.
Principle 22, Rio Declaration on Environment and Development
Introduction
Indigenous peoples have sought to protect their way of life by asserting the indivisibility between indigenous culture and the land on which indigenous communities live, in national as well as international forums. Gradually, the international community has recognized distinctive rights for indigenous peoples. This chapter first treats the emergence of indigenous peoples’ rights in international law in its historic context. Subsequently, it addresses conceptual issues related to the position of indigenous peoples in international law. These conceptual issues concern critical distinctions and assumptions related to the definition of what constitutes an ‘indigenous people’ and, especially, the distinction between minority and indigenous peoples’ rights and the collective representation of indigenous peoples. The chapter then moves on to address the role of indigenous peoples in international environmental law with a focus on distinctively indigenous rights and responsibilities.
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