Research Handbook on the International Law of Indigenous Rights

Edited by Dwight Newman, KC, Professor of Law and Canada Research Chair in Indigenous Rights in Constitutional and International Law, College of Law, University of Saskatchewan, Canada

• Contents:Preface xivNote to readers on capitalization of Indigenous xvPART I INTRODUCTION1 Internationalization of the law of Indigenous rights 2Dwight NewmanPART II ONGOING LAWMAKING ON INDIGENOUS RIGHTS INGLOBAL AND REGIONAL CONTEXTS2 Regional Indigenous rights and the (dis)contents of translation: a viewfrom Latin America 10Lucas Lixinski3 The American Declaration on the Rights of Indigenous Peoples: thelaw-making, adoption and implementation processes 25Leonardo A. Crippa4 The emergence and evolution of the global Indigenous rights movement 43Ken Coates and Carin Holroyd5 Evaluation of Indigenous peoples’ influence during the drafting processof UNDRIP 56Lola AyotundePART III INDIGENOUS SELF-DETERMINATION, PARTICIPATORYRIGHTS, AND NATURAL RESOURCES6 Self-determination rights 75Alexandra Xanthaki7 Free prior and informed consent and Indigenous rights: a bulwarkagainst discrimination and platform for self-determination 96Cathal Doyle8 Indigenous resource rights at their core (and what these are not) 129Mattias ÅhrénPART IV INDIGENOUS LAND, RESOURCE, AND ENVIRONMENTALRIGHTS9 Indigenous peoples’ right to self-determination and the principle ofstate sovereignty over natural resources: a human rights approach andits constructive ambiguity 148Dorothée Cambou10 Indigenous peoples’ environmental human rights – from objects ofprotection towards stewardship: assessment of current international standards 169Leena Heinämäki11 Indigenous participation in resource development: the promise andlimitations of international safeguards 202George K. Foster12 Models of Indigenous territorial control in common law countries:a functional comparison 226Malcolm LavoiePART V INDIGENOUS RIGHTS, INVESTMENT, TRADE, ANDECONOMIC GROWTH13 Indigenous peoples in international investment law: a TWAIL/UNDRIPreading 256Ibironke T. Odumosu-Ayanu14 Indigenous rights and trade: the USMCA and contemporary issues 280Shannon Hale15 Participation of Indigenous peoples in global economic activity 308Ken Coates and Carin HolroydPART VI INDIGENOUS CULTURAL HERITAGE, INTELLECTUALPROPERTY RIGHTS, AND RELIGIOUS FREEDOM16 Indigenous cultural heritage and international law 332Federico Lenzerini17 Indigenous peoples’ rights in equitable benefit-sharing over geneticresources: digital sequence information (DSI) and a new technologicallandscape 354Chidi Oguamanam18 Indigenous religious freedom in international law: a discussion of thepotential of Articles 12 and 25 of the United Nations Declaration on theRights of Indigenous Peoples (UNDRIP) 376Adrienne TessierPART VII COMPLEXITIES OF INDIGENOUS PEOPLES, PLACES,AND IDENTITIES19 Fiji and the UN Declaration on the Rights of Indigenous Peoples:indigeneity and the right to self-determination in a majority-Indigenouscontext 397Dominic O’Sullivan20 Transboundary rights and indigenous peoples between two or more states 413Harum Mukhayer21 Definitional complexities and the boundaries of the concept ofIndigenous peoples 438Nnaemeka Ezeani and Dwight NewmanAppendix 459Index 492

‘This Research Handbook not only examines key issues concerning the origins, content and purpose of the international Indigenous rights regime but also explores less obvious themes such as the question of collective religious rights and the intersections between Indigenous rights and the rights of other ethno-cultural groups. The volume attaches special importance to the economic dimension of Indigenous peoples’ rights, featuring a number of chapters focused on the timely questions of trade, investment and economic growth. This edited collection is a welcome addition to the literature and represents an important resource for the continued study of the international law of Indigenous peoples’ rights.’