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• Introduction
• The principle of permanent sovereignty over natural resources as a right of states
• The conceptualization of Indigenous peoples in International Law
• Indigenous individuals under international Human Rights Law
• Individual and collective indigenous rights and natural resources
• Permanent sovereignty over natural resources as a people's right
• Indigenous peoples' rights with respect to natural resources in UNDRIP
• Indigenous peoples' rights with respect to natural resources after UNDRIP
• Conclusions

Indigenous Peoples, Natural Resources and Permanent Sovereignty explores the possibility to conceive a permanent sovereignty over natural resources vested in indigenous peoples rather than in States. The author examines the conceptualisation and content under customary international law of indigenous rights with respect to natural resources, including the impact of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007. The book provides a deep and updated analysis on international customs, international and regional conventions and the jurisprudence of regional courts concerning indigenous rights to natural resources, including the most recent developments in domestic jurisprudence and legislation.
(source: Nielsen Book Data)

• Setting the scene
• Recognizing indigenous sovereignty : sort of essential principles in international law to operationalise the right to self-determination of indigenous peoples
• Right to be consulted, but the frustration of being ignored the ongoing efforts in international law to give practical meaning to free, prior and informed consent
• Speaking, but does anyone listen? : the path of progress and frustration with indigenous advisory bodies of the Sámi, Aboriginal people, and the Khoisan
• Quotas in the modern era the reserved Māori seats in New Zealand
• Our land, our life linking self-determination to land restoration in the case of the Makuleke joint management agreement in the Kruger National Park
• Modernism versus traditionalism a reflection on the Noken electoral system of West Papua
• Going it alone privatised, cultural self-government for Afrikaners in South Africa : insights from a non-indigenous community in functional self-determination
• Regaining what has been lost the art of the possible.

"International law is rich in promise but poor in detail and practical application about the rights of indigenous people. This book focuses on practical measures that have been implemented in states to give effect to free, prior and informed consent (FPIC); self-determination by indigenous people; special electoral measures to benefit indigenous people; and the role of advisory bodies to advocate for indigenous interests. In many comparative works there are often only scant or brief reference to some country-experiences, but in this book several case studies are explored in depth to promote a greater understanding of the self-determination arrangements that have been implemented. These case studies represent a form of glocalisation, whereby global principles are applied to find local solutions, and local solutions in turn inform greater clarity and specificity to global principles. At the end of each chapter key lessons that can be drawn from the respective case studies are identified in the hope that those may inform developments in other countries and in international law"-- Provided by publisher.

• Contents: Preface xiv Note to readers on capitalization of Indigenous xv PART I INTRODUCTION 1 Internationalization of the law of Indigenous rights 2 Dwight Newman PART II ONGOING LAWMAKING ON INDIGENOUS RIGHTS IN GLOBAL AND REGIONAL CONTEXTS 2 Regional Indigenous rights and the (dis)contents of translation: a view from Latin America 10 Lucas Lixinski 3 The American Declaration on the Rights of Indigenous Peoples: the law-making, adoption and implementation processes 25 Leonardo A. Crippa 4 The emergence and evolution of the global Indigenous rights movement 43 Ken Coates and Carin Holroyd 5 Evaluation of Indigenous peoples' influence during the drafting process of UNDRIP 56 Lola Ayotunde PART III INDIGENOUS SELF-DETERMINATION, PARTICIPATORY RIGHTS, AND NATURAL RESOURCES 6 Self-determination rights 75 Alexandra Xanthaki 7 Free prior and informed consent and Indigenous rights: a bulwark against discrimination and platform for self-determination 96 Cathal Doyle 8 Indigenous resource rights at their core (and what these are not) 129 Mattias Ahren PART IV INDIGENOUS LAND, RESOURCE, AND ENVIRONMENTAL RIGHTS 9 Indigenous peoples' right to self-determination and the principle of state sovereignty over natural resources: a human rights approach and its constructive ambiguity 148 Dorothee Cambou 10 Indigenous peoples' environmental human rights - from objects of protection towards stewardship: assessment of current international standards 169 Leena Heinamaki 11 Indigenous participation in resource development: the promise and limitations of international safeguards 202 George K. Foster 12 Models of Indigenous territorial control in common law countries: a functional comparison 226 Malcolm Lavoie PART V INDIGENOUS RIGHTS, INVESTMENT, TRADE, AND ECONOMIC GROWTH 13 Indigenous peoples in international investment law: a TWAIL/UNDRIP reading 256 Ibironke T. Odumosu-Ayanu 14 Indigenous rights and trade: the USMCA and contemporary issues 280 Shannon Hale 15 Participation of Indigenous peoples in global economic activity 308 Ken Coates and Carin Holroyd PART VI INDIGENOUS CULTURAL HERITAGE, INTELLECTUAL PROPERTY RIGHTS, AND RELIGIOUS FREEDOM 16 Indigenous cultural heritage and international law 332 Federico Lenzerini 17 Indigenous peoples' rights in equitable benefit-sharing over genetic resources: digital sequence information (DSI) and a new technological landscape 354 Chidi Oguamanam 18 Indigenous religious freedom in international law: a discussion of the potential of Articles 12 and 25 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) 376 Adrienne Tessier PART VII COMPLEXITIES OF INDIGENOUS PEOPLES, PLACES, AND IDENTITIES 19 Fiji and the UN Declaration on the Rights of Indigenous Peoples: indigeneity and the right to self-determination in a majority-Indigenous context 397 Dominic O'Sullivan 20 Transboundary rights and indigenous peoples between two or more states 413 Harum Mukhayer 21 Definitional complexities and the boundaries of the concept of Indigenous peoples 438 Nnaemeka Ezeani and Dwight Newman
• Appendix 459 Index 492.
• (source: Nielsen Book Data)

This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising for Indigenous peoples. Offering readers an engaging review of ongoing lawmaking, adoption and implementation processes from both a global and regional perspective, it also investigates the important elements of Indigenous rights and economic issues, including trade, investment and economic growth. Furthermore, it offers timely coverage of environmental rights, land and natural resources. This essential Handbook will provide a useful discussion point for practitioners on Indigenous rights developments and scholars looking for an innovative approach on cutting-edge issues. Policymakers wanting to understand the major issues with the implementation of the UN Declaration on the Rights of Indigenous People (UNDRIP) will also find this invaluable.
(source: Nielsen Book Data)

• Preface / Dwight Newman
• Note to readers on capitalization of Indigenous
• Introduction: Internationalization of the law of Indigenous rights / Dwight Newman
• Ongoning lawmaking on indigenous rights in global and regional contexts
• Regional Indigenous rights and the (dis)contents of translation : a view from Latin America / Lucas Lixinski
• The American Declaration on the Rights of Indigenous Peoples : the law-making, adoption and implementation processes / Leonardo A. Crippa
• The emergence and evolution of the global Indigenous rights movement / Ken Coates and Carin Holroyd
• Evaluation of Indigenous peoples influence during the drafting process of UNDRIP / Lola Ayotunde
• Indigenous self-determination, participatory rights, and natural resources
• Self-determination rights / Alexandra Xanthaki
• Free prior and informed consent and Indigenous rights : a bulwark against discrimination and platform for self-determination / Cathal Doyle
• Indigenous resource rights at their core (and what these are not) / Mattias Åhrén
• Indigenous land, resource, and environmental rights
• Indigenous peoples right to self-determination and the principle of state sovereignty over natural resources : a human rights approach and its constructive ambiguity / Dorothée Cambou
• Indigenous peoples environmental human rights, from objects of protection towards stewardship : assessment of current international standards / Leena Heinämäki
• Indigenous participation in resource development : the promise and limitations of international safeguards / George K. Foster
• Models of Indigenous territorial control in common law countries : a functional comparison / Malcolm Lavoie
• Indigenous rights, investment, trade, and economic growth
• Indigenous peoples in international investment law : a TWAIL/UNDRIP reading / Ibironke T. Odumosu-Ayanu
• Indigenous rights and trade : the USMCA and contemporary issues / Shannon Hale
• Participation of Indigenous peoples in global economic activity / Ken Coates and Carin Holroyd
• Indigenous cultural heritage, intellectual property rights, and religious freedom
• Indigenous cultural heritage and international law / Federico Lenzerini
• Indigenous peoples rights in equitable benefit-sharing over genetic resources : digital sequence information (DSI) and a new technological landscape / Chidi Oguamanam
• Indigenous religious freedom in international law : a discussion of the potential of Articles 12 and 25 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) / Adrienne Tessier
• Complexities of Indigenous peoples, places and identities
• Fiji and the UN Declaration on the Rights of Indigenous Peoples : indigeneity and the right to self-determination in a majority-Indigenous context / Dominic O'Sullivan
• Transboundary rights and indigenous peoples between two or more states / Harum Mukhayer
• Definitional complexities and the boundaries of the concept of Indigenous peoples / Nnaemeka Ezeani and Dwight Newman.

"This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising in international Indigenous rights law."-- Provided by publisher

"La presente investigación, con apoyo en el giro ontológico en la antropología, logra identificar un potencial denominador común entre diversas cosmologías indígenas alrededor del mundo, y, a través de éste, examina las diversas instituciones jurídicas que se han creado respecto del territorio indígena, primero, en el plano internacional y, segundo, en tres modelos constitucionales en el continente [Argentina, Colombia, y Canadá] que se logró determinar. Cada uno de estos escenarios presenta un importante abanico de luces y sombras que debe conocerse para entender lo que está en juego cuando se habla de territorio indígena."--Back cover

• Introduction
• The Declaration and the decolonization model
• The human rights model
• The Declaration and the mixed model interpretative approach
• Applying the mixed-model interpretative approach
• Conclusion

This book offers a distinctive approach to the key international instrument on indigenous rights, the United Nations Declaration on the Rights of Indigenous Peoples (Declaration) based on a new account of the political history of the international indigenous movement as it intersected with the Declaration's negotiation. The current orthodoxy is to read the Declaration as containing human rights adapted to the indigenous situation. However, this reading does not do full justice to the complexity and diversity of indigenous peoples' participation in the Declaration negotiations. Instead, the book argues that the Declaration should be subject to a novel, mixed-model reading that views the Declaration as embodying two distinct normative strands that serve different types of indigenous peoples. Not only is this model supported by the Declaration's political history and legal argument, it provides a new and compelling theory of the bases of international indigenous rights while clarifying the vexed question of who qualifies as indigenous for the purposes of international law.
(source: Nielsen Book Data)

• Introduction / Jessie Hohmann
• The UNDRIP : an increasingly robust legal parameter / Felipe Gómez Isa
• After the Declaration : next steps for the protection of indigenous peoples' rights / Julian Burger
• The UNDRIP and the legal significance of the right of indigenous peoples to self-determination : a human rights approach with a multidimensional perspective / Dorothée Cambou
• Implementation of the UNDRIP around the world : achievements and future perspectives. The outcome of the work of the ILA Committee on the Implementation of the Rights of Indigenous Peoples / Federico Lenzerini
• The World Bank's new environmental and social framework : some progress but many gaps regarding the rights of indigenous peoples / Corinne Lewis and Carl Söderbergh
• Implementing free prior and informed consent : the United Nations Declaration on the Rights of Indigenous Peoples (2007), the challenges of REDD+ and the case for the precautionary principle / Malayna Rafatopoulos and Damien Short
• Towards new development paradigms : the United Nations Declaration on the Rights of Indigenous Peoples as a tool to support self-determined development / Jérémie Gilbert and Corinne Lennox
• Creating a space for indigenous rights : the Universal Periodic Review as a mechanism for promoting the rights of indigenous peoples / Noelle Higgins
• Looking back to move forward : the status of environmental rights under the UN Declaration on the Rights of Indigenous Peoples / Adriana Giunta
• Treaty making and the UN Declaration on the Rights of Indigenous Peoples : lessons from emerging negotiations in Australia / Harry Hobbs
• The self divided : the problems of contradictory claims to indigenous peoples' self-determination in Australia / Stephen M. Young
• Indigenous rights and the legal politics of Canadian coloniality : what is happening to free, prior and informed consent in Canada? / Jeremy Patzer
• A critical evaluation of the domestic standards of the right to prior consultation under the UNDRIP : lessons from the Peruvian case / Amelia Alva-Arévalo
• Implementing the rights of indigenous peoples in Japan : implications and challenges of forest certification for the Ainu / Fumiya Nagai
• The approach to UNDRIP within the African regional human rights system / Lucy Claridge
• Indigenous peoples' rights in Morocco : subaltern narratives by Amazigh women / Silvia Gagliardi
• Reflections on indigenous peoples' rights vis-à-vis the law of occupation / Shlomit Stein

The development and adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was a huge success for the global indigenous movement. This book offers an insightful and nuanced contemporary evaluation of the progress and challenges that indigenous peoples have faced in securing the implementation of this new instrument, as well as its normative impact, at both the national and international levels. The chapters in this collection offer a multi-disciplinary analysis of the UNDRIP as it enters the second decade since its adoption by the UN General Assembly in 2007. Following centuries of resistance by Indigenous peoples to state, and state sponsored, dispossession, violence, cultural appropriation, murder, neglect and derision, the UNDRIP is an achievement with deep implications in international law, policy and politics. In many ways, it also represents just the beginning - the opening of new ways forward that include advocacy, activism, and the careful and hard-fought crafting of new relationships between Indigenous peoples and states and their dominant populations and interests. This book was originally published as a special issue of The International Journal of Human Rights.
(source: Nielsen Book Data)

• Introduction to ILO Convention No. 169
• Consultation and participation
• Lands and natural resources
• Implications for private sector
• Annex A. Information resources
• Annex B. Convention No. 169.

"This handbook aims to answer some of the essential questions regarding Convention No. 169 and is addressed to governments, employers' and workers' organizations, as well as for Indigenous and tribal peoples."