Settler-State Political Theory, 'Canzus' and the UN Declaration on the Rights of Indigenous Peoples
Bibliographic Data
| ID | 5801223 |
|---|---|
| Authors | Kirsty Gover (corresponding author) |
| Year | 2015 |
| Volume | 26 |
| Issue | 2 |
| Pages | 345-373 |
| Publication date | 2015-05-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | European Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0938-5428 • E-ISSN: 1464-3596 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/ejil/chv019 |
| OpenAlex | W2171502258 |
| Language | EN |
| Citations received | 29 |
| References cited | 5 |
When the UN General Assembly voted in 2007 to adopt the Declaration on the Rights of Indigenous Peoples (UNDRIP), only Australia, Canada, New Zealand and the USA cast negative votes. This article argues that the embedding of indigenous jurisdictions in the constitutional orders of these states via negotiated political agreements limits their capacity to accept certain provisions of the UNDRIP. Once the agreement-making process is set in motion, rights that do not derive from those bargains threaten to undermine them. This is especially true of self-governance and collective property rights, which are corporate rights vested to historically continuous indigenous groups. Since these rights cannot easily be reconciled with the equality and non-discrimination principles that underpin mainstream human rights law, settler governments must navigate two modes of liberalism: the first directed to the conduct of prospective governance in accordance with human rights and the rule of law and the second directed to the reparative goal of properly constituting a settler body politic and completing the constitution of the settler state by acquiring indigenous consent. Agreements help to navigate this tension, by insulating indigenous and human rights regimes from one another, albeit in ways not always supported by the UNDRIP
Indigenous rights · Rights of Nature · Indigenous Health, Education, and Rights · Indigenous Peoples' Rights and Law
Self-Determination and Violence against Indigenous Women
Gendering Indigenous Self-Government
Indigenous Gender Justice as Restructuring Relations
Implementing Indigenous Self-Determination
Indigenous Self-Government Structures in Canada, Greenland, and Sápmi
Self-Determination
Reclaiming Indigeneity and Democracy in India's Jharkhand
Restructuring Relations
Fine Lines
A Systematic Scoping Review of the Resilience Intervention Literature for Indigenous Adolescents in Canzus Nations
Concessionaires, Financiers and Communities
Reply to Oswald et al
“A shift in the playing field”
Anti-Indigenous attitudes and divided support
Introduction to Symposium on International Indigenous Rights, Financial Decisions, and Local Policy
Centering Indigenous Knowledges and Worldviews
Aboriginal and Torres Strait Islander peoples and multinational federalism in Australia
The Palestinian human right to full Israeli citizenship
Between Legal Indigeneity and Indigenous Sovereignty in Taiwan
The settler-rights backlash
Approaching the boundary problem
The trajectory of democratic innovations in Australia
Indigenizing Self-Determination at the United Nations
The Universal Declaration of Human Rights at 70
Settler Federalism and the Conditions of Indigenous Autonomy
How to Be Indigenous in India
Contested Frontiers
Egalitarian nationhoods
Sovereign Objects
The Right of Self-Determination of Peoples
Free, prior and informed consent in the aftermath of the UN Declaration on the Rights of Indigenous Peoples
Articulating self-determination in the draft declaration on the rights of indigenous peoples
Collective and Corporate Responsibility
Indigenous Peoples in International Law
| Unique citing works | 29 |
|---|---|
| Citations per year | 2,64 |
| Citation span | 2015 - 2026 (12) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 29 |