University of Oklahoma Indigenous Peoples Law Programs
Located in the heart of the original Indian Territory, the University of Oklahoma College of Law provides an ideal environment for the study of Native American law and issues concerning Indigenous Peoples. Oklahoma contains nearly forty tribal nations and the second largest Native American population in the United States. Given their presence and the history of the region, Indian law affects virtually all areas of legal practice, making it a vibrant and growing field.
UN Declaration on the Rights of Indigenous Peoples
Call Number: Bizzell Memorial Library Stacks JZ 4974 .W55 2013
Publication Date: 2013-09-15
Indigenous Rights in the Age of the UN Declaration by Elvira Pulitano (Editor)This examination of the role played by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in advancing indigenous peoples' self-determination comes at a time when the quintessential Eurocentric nature of international law has been significantly challenged by the increasing participation of indigenous peoples on the international legal scene. Even though the language of human rights discourse has historically contributed to delegitimise indigenous peoples' rights to their lands and cultures, this same language is now upheld by indigenous peoples in their on-going struggles against the assimilation and eradication of their cultures. By demanding that the human rights and freedoms contained in various UN human rights instruments be now extended to indigenous peoples and communities, indigenous peoples are playing a key role in making international law more 'humanising' and less subject to State priorities.
Call Number: Donald Pray Law Library The Strickland Collection of Native Peoples Law K 3247 .P85 2012
Publication Date: 2012-05-24
Reflections on the UN Declaration on the Rights of Indigenous Peoples by Stephen Allen (Editor); Alexandra Xanthaki (Editor)The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations General Assembly on 13 September 2007 was acclaimed as a major success for the United Nations system given the extent to which it consolidates and develops the international corpus of indigenous rights. This is the first in-depth academic analysis of this far-reaching instrument. Indigenous representatives have argued that the rights contained in the Declaration, and the processes by which it was formulated, obligate affected States to accept the validity of its provisions and its interpretation of contested concepts (such as 'culture', 'land', 'ownership' and 'self-determination'). This edited collection contains essays written by the main protagonists in the development of the Declaration; indigenous representatives; and field-leading academics. It offers a comprehensive institutional, thematic and regional analysis of the Declaration. In particular, it explores the Declaration's normative resonance for international law and considers the ways in which this international instrument could catalyse institutional action and influence the development of national laws and policies on indigenous issues.
Call Number: Donald Pray Law Library The Strickland Collection of Native Peoples Law K 3247 .R44 2011 Also available as an ebook.
Publication Date: 2011-01-12
Indigenous Peoples at the United Nations
Indigenous Peoples at the UN - Contains links to information on the United Nations Permanent Forum on Indigenous Issues (UNPFII) as well as other activities regarding indigenous peoples at the UN.
Research Resources on Indigenous Peoples
Indigenous Peoples' Land Rights under International Law by Jérémie GilbertThis book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples' land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements. The first edition of this ground-breaking book was published in 2006, at the time the negotiations for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) were still underway. The adoption of the Declaration in 2007 marks an important moment not only in terms of law-making, but also represents the achievement of long decades of lobbying and advocacy from indigenous peoples' representatives. This fully revised new edition reflects on the 10 years which have followed the adoption of the UNDRIP and examines its impact regarding indigenous peoples' land rights. Its aim is not only to assess the importance of the UNDRIP in terms of international standards, but also to reflect on the 'maturing' of international law in relation to indigenous peoples' land rights. Over the last 10 years these have reached a new level of visibility and a voluminous new jurisprudence and doctrine have been developed. Praise for the first edition: "Gilbert's passion for his subject is palpable and illuminates every page, as do his zeal to expose international law's complicity in indigenous peoples' loss of their territories and tentative hope that international law might now provide some protection of indigenous peoples' lands. The choice of topic is also to be applauded. There are few texts that examine indigenous peoples' land rights in such depth." Claire Charters, Associate Professor, University of Auckland, New Zealand (in International and Comparative Law Quarterly (ICLQ) "Gilbert's gaze is firmly fixed on the future and the question how international law will reflect lex ferenda on indigenous land rights. His interpretation of international law must be seen in this light. He is looking beyond the current controversies in the rights discourse towards a more conciliatory phase in state-indigenous relations. International law undoubtedly has an important role to play in his vision, but its primary function is to facilitate dialogue rather than as a combative and adversarial mechanism. (..) Gilbert's book is a tour de force on indigenous territoriality." Stephen Allen, Senior Lecturer in Law, Queen Mary University London, United Kingdom (in International Journal on Minority and Group Rights
Call Number: Online Resource
Publication Date: 2016-07-08
Indigenous Peoples and the Law by Benjamin J. Richardson (Editor); Shin Imai (Editor); Kent McNeil (Editor)Indigenous Peoples and the Law provides an historical, comparative, and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of the US, Australia, Canada, and New Zealand, as well as relevant international law developments. This collection of essays features 13 contributors, including many Indigenous scholars, drawn from around the world. The book enables readers to appreciate the seminal issues, precedents, and international legal trends of most concern to Indigenous peoples. The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status, and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book covers contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women, and the place of Indigenous legal traditions and legal theory.
Call Number: Donald Pray Law Library The Strickland Collection of Native Peoples Law K 3247 .I524 2009
Indigenous Peoples in International Law by S. James AnayaIn Indigenous Peoples in International Law, James Anaya explores the development and contours of international law as it concerns the world's indigenous peoples, culturally distinctive groups that are descended from the original inhabitants of lands now dominated by others. Anaya demonstrates that, while historical trends in international law largely facilitated the colonization of indigenous peoples and their lands, modern international law's human rights program has been responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. Over the last several years, the international system--particularly as embodied in the United Nations and other international institutions--has exhibited a renewed and increasingly heightened focus on the concerns of indigenous peoples. Anaya discusses the resulting new generation of international treaty and customary norms, while linking the new and emergent norms with previously existing international human rights standards of general applicability. Anaya further identifies and analyzes institutions and procedures, at both the domestic and international levels, for implementing international norms concerning indigenous peoples. Indigenous Peoples in International Law provides a theoretically grounded and practically oriented synthesis of the historical, contemporary, and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights.