دانلود کتاب Indigenous Peoples as Subjects of International Law

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Cover
Half Title
Title Page
Copyright Page
Table of Contents
Acknowledgements
Contributors
Introduction
1. Aboriginal Nations, the Australian nation-state and Indigenous international legal traditions
The world(s), the Dreaming(s) and the apocalypse(s)
Aboriginal Nations of ‘Australia’ and an international legal tradition
Conclusion
2. Domination in relation to Indigenous (‘dominated’) Peoples in international law
Metaphors of domination and international law
Dominated peoples and international law
Indigenous Peoples are not part of an ‘objective’
physical reality
UN Declaration on the Rights of Indigenous (‘dominated’) Peoples
An aspiration to end the domination
Imperial states and original nations
Does the domination of Indigenous Peoples by states violate their rights?
Conclusion
3. The ‘natural’ law of nations: society and the exclusion of First Nations as subjects of international law
Introduction
The natural law context of the ‘law of nations’
The Eurocentric concept of society
Society and the nature of sovereignty
International society and the ‘law of nations’
Just wars: in the interests of ‘human society’
Conclusion
4. Long before Munich: the American template for Hitlerian diplomacy
The US progenitor
Now, as regards those treaties
Before the court of history
Marking a path
5. First Nations, Indigenous Peoples: our laws have always been here
Introduction
Kaldowinyeri, that is the law
We are the mainstream
Recognition – but the state cannot see the laws and
bodies of First Nations
We know our own names and who we are
Conclusion: why not get over it and assimilate?
6. Law and politics of Indigenous self-determination: the meaning of the right to prior consultation
Introduction
Indigenous self-determination and the inclusion–exclusion paradox
Prior consultation: between inclusion and exclusion
Critiques of the Prior Consultation Law
Prior to prior consultation: territorial rights and the politics of Indigenous self-determination
Conclusion
7. How governments manufacture consent and use it against Indigenous Peoples
Introduction
Canada and ‘real transparency’
‘World conference’ (so-called)
Conclusion
Appendix A
Appendix B
Appendix C
8. ‘Kill the Indian in the child’: genocide in international law
Introduction
Peace and friendship in international law
Colonial framework
Drafting of the crime of genocide
Genocide Convention
Child welfare system
Moving beyond colonialism
Bibliography
Index