Jump to ContentJump to Main Navigation
Indigenous Peoples' Status in the International Legal System$
Users without a subscription are not able to see the full content.

Mattias Åhrén

Print publication date: 2016

Print ISBN-13: 9780198778196

Published to Oxford Scholarship Online: May 2016

DOI: 10.1093/acprof:oso/9780198778196.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 20 January 2022

Indigenous Peoples’ Legal Status under Contemporary International Law

Indigenous Peoples’ Legal Status under Contemporary International Law

Chapter:
(p.81) 5 Indigenous Peoples’ Legal Status under Contemporary International Law
Source:
Indigenous Peoples' Status in the International Legal System
Author(s):

Mattias Åhrén

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198778196.003.0005

This chapter explains how contemporary international law—breaking with the state-individual dichotomy integral to the classical international legal system—has gradually come to recognize that a human rights system with a complete focus on universal individual human rights cannot adequately protect or cater for the needs of minority groups and its members. It articulates how as a first step in this development, international law extended (i) indirect protection to minority groups, and (ii) formal rights of indigenous groups sui generis to them. The chapter then proceeds to outline how international law has subsequently come to recognize indigenous peoples’ as peoples, and thus as international legal subjects, with rights as such, including the right to self-determination. In this context, it discusses the conformity between this right and the right to state sovereignty.

Keywords:   State-individual dichotomy, minority rights, group rights, ILO Convention No. 169, international legal subjects, peoples, peoples’ rights, sovereignty, self-determination

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .