Shifting global power and shifting state power


Autoria(s): Burns, Marcelle J.
Contribuinte(s)

Maguire, Rowena

Lewis, Bridget

Sampford, Charles

Data(s)

2013

Resumo

The adoption of the Declaration on the Rights of Indigenous Peoples (DRIP) by the United Nations General Assembly in September 2007 has been heralded by many as a major breakthrough in the promotion of Indigenous rights under international law. Many however are sceptical as to whether DRIP actually promotes Indigenous rights or rather limits them in ways that serve the interests of nation states thereby diminishing the universality of human rights with respect to Indigenous peoples. This paper will examine how shifts in global power from the United States to the BRIC nations (Brazil, Russia, India and China) are likely to impact on the realisation of the right of self determination for Indigenous peoples. It will start by outlining the right of self determination as articulated in the Declaration, and in particular how the United States and its allies - the CANZUS group (Canada, Australia, New Zealand and United States) - were influential in shaping its form and content. The paper will then assess the extent to which the right to self determination is realised in Australia, the United States and the BRJC nations to provide an indication of the likely future direction of recognition and realisation of Indigenous rights at a global level.

Formato

application/pdf

Identificador

http://eprints.qut.edu.au/64879/

Publicador

Routledge

Relação

http://eprints.qut.edu.au/64879/1/Burns_Chapter.pdf

http://www.routledge.com/books/details/9780415813587/

Burns, Marcelle J. (2013) Shifting global power and shifting state power. In Maguire, Rowena, Lewis, Bridget, & Sampford, Charles (Eds.) Shifting Global Powers and International Law : Challenges and Opportunities. Routledge, New York, London, pp. 154-170.

http://purl.org/au-research/grants/ARC/LP0990060

Direitos

Copyright 2013 Routledge

Fonte

Crime & Justice Research Centre; Faculty of Law; School of Law

Palavras-Chave #160201 Causes and Prevention of Crime #180101 Aboriginal and Torres Strait Islander Law #180116 International Law (excl. International Trade Law) #Indigenous rights #International law #self determination
Tipo

Book Chapter