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Tables of Contents for Indigenous Peoples in International Law
Chapter/Section Title
Page #
Page Count
Introduction,
3
12
PART I. DEVELOPMENTS OVER TIME
1. The Historical Context,
15
34
The Early Naturalist Frame,
16
3
The Early Modern State System and the Law of Nations,
19
7
The Positivists' International Law,
26
5
Trusteeship Doctrine and Its "Civilizing" Mission,
31
18
2. Developments within the Modern Era of Human Rights,
49
48
The Contemporary International Legal System,
49
4
The Initial Model within the Modern Human Rights Frame,
53
3
The Contemporary Indigenous Rights Movement,
56
2
ILO Convention No. 169 of 1989,
58
3
New and Emergent Customary International Law,
61
36
PART II. CONTEMPORARY INTERNATIONAL NORMS
3. Self-Determination: A Foundational Principle,
97
32
The Character and Scope of Self-Determination,
98
2
Implications of the Term Peoples,
100
3
The Content of Self-Determination,
103
1
Substantive Aspects,
104
25
Remedial Aspects,
106
4
Self-Determination and Contemporary International Practice Concerning Indigenous Peoples,
110
19
4. Norms Elaborating the Elements of Self-Determination,
129
56
Nondiscrimination,
129
2
Cultural Integrity,
131
10
Lands and Natural Resources,
141
7
Social Welfare and Development,
148
2
Self-Government: Autonomy and Participation,
150
35
Autonomy,
151
2
Participation/Consultation,
153
32
5. The Duty of States to Implement International Norms,
185
32
Toward Negotiated Agreement and Respect for Historical Treaties,
187
3
State Institutional Mechanisms,
190
27
Executive Action,
190
2
Legislative Action and Constitutional Reform,
192
2
Judicial Procedures,
194
23
PART III. NORM IMPLEMENTATION AND INTERNATIONAL PROCEDURES
6. International Monitoring Procedures,
217
31
The Creation of the Permanent Forum on Indigenous Issues,
219
2
Review of Developments by the U.N. Working Group on Indigenous Populations,
221
1
Monitoring by the U.N. Commission on Human Rights, Its Sub-Commission, and Its Special Rapporteur,
222
4
ILO Convention Compliance Monitoring,
226
2
Monitoring/Reporting Procedures of the U.N. Human Rights Committee and CERD,
228
4
Country Reports by the Inter-American Commission on Human Rights,
232
16
7. International Complaint Procedures,
248
45
Complaint Procedures Connected to ILO Conventions,
249
4
The U.N. Human Rights Committee and Individual Communications under the Optional Protocol to the ICCPR,
253
5
Complaint Procedures within the Inter-American System,
258
31
Petitions to the Inter-American Commission on Human Rights,
259
7
The Adjudication of Complaints by the Inter-American Court of Human Rights: The Awas Tingni Case,
266
23
Conclusion,
289
4
Appendix: Selected Documents,
293
50
Draft Declaration of Principles for the Defense of the Indigenous Nations and Peoples of the Western Hemisphere,
293
3
Declaration of Principles of Indigenous Rights,
296
2
Declaration of Principles on the Rights of Indigenous Peoples,
298
2
Declaration of San Jose,
300
2
Convention (No. 169) Concerning Indigenous and Tribal Peoples in Independent Countries,
302
12
Agenda 21: Chapter 26,
314
4
Draft United Nations Declaration on the Rights of Indigenous Peoples,
318
10
Resolution on Action Required Internationally to Provide Effective Protection for Indigenous Peoples,
328
2
Proposed American Declaration on the Rights of Indigenous Peoples,
330
11
Committee on the Elimination of Racial Discrimination (CERD), General Recommendation (XXIII) Concerning Indigenous Peoples,
341
2
Bibliography,
343
24
Table of Principal Documents,
367
6
Table of Cases,
373
6
Index,
379