Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
- Publication
- Publication Type
Articles 1 - 28 of 28
Full-Text Articles in Law
Introduction To The Symposium On The Impact Of Indigenous Peoples On International Law, S. James Anaya, Antony Anghie
Introduction To The Symposium On The Impact Of Indigenous Peoples On International Law, S. James Anaya, Antony Anghie
Publications
No abstract provided.
Indigenous Peoples And Diplomacy On The World Stage, Kristen Carpenter, Alexey Tsykarev
Indigenous Peoples And Diplomacy On The World Stage, Kristen Carpenter, Alexey Tsykarev
Publications
No abstract provided.
A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights, Justin Desautels-Stein
A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights, Justin Desautels-Stein
Publications
There is no critical race approach to international law. There are Third World approaches, feminist approaches, economic approaches, and constitutional approaches, but notably absent in the catalogue is a distinct view of international law that takes its point of departure from the vantage of Critical Race Theory (CRT), or anything like it. Through a study of racial ideology in the history of international legal thought, this Article offers the beginnings of an explanation for how this lack of attention to race and racism came to be, and why it matters today.
Implementing The United Nations Declaration On The Rights Of Indigenous Peoples In The United States: A Call To Action For Inspired Advocacy In Indian Country., Kristen Carpenter, Edyael Casaperalta, Danielle Lazore-Thompson
Implementing The United Nations Declaration On The Rights Of Indigenous Peoples In The United States: A Call To Action For Inspired Advocacy In Indian Country., Kristen Carpenter, Edyael Casaperalta, Danielle Lazore-Thompson
University of Colorado Law Review Forum
No abstract provided.
Human Rights Racism, Anna Spain Bradley
Human Rights Racism, Anna Spain Bradley
Publications
International human rights law seeks to eliminate racial discrimination in the world through treaties that bind and norms that transform. Yet law’s impact on eradicating racism has not matched its intent. Racism, in all of its forms, remains a massive cause of discrimination, indignity, and lack of equality for millions of people in the world today. This Article investigates why. Applying a critical race theory analysis of the legal history and doctrinal development of race and racism in international law, Professor Spain Bradley identifies law’s historical preference for framing legal protections around the concept of racial discrimination. She further exposes …
Zero-Tolerance Comes To International Law, Aya Gruber
Zero-Tolerance Comes To International Law, Aya Gruber
Publications
No abstract provided.
Introductory Remarks, James Anaya
Introductory Remarks, James Anaya
Publications
These remarks were delivered at a Corporate Responsibility and Human Rights panel held on Wednesday, April 9, 2014.
The Judge And The Drone, Justin Desautels-Stein
The Judge And The Drone, Justin Desautels-Stein
Publications
Among the most characteristic issues in modern jurisprudence is the distinction between adjudication and legislation. In the some accounts, a judge's role in deciding a particular controversy is highly constrained and limited to the application of preexisting law. Whereas legislation is inescapably political, adjudication requires at least some form of impersonal neutrality. In various ways over the past century, theorists have pressed this conventional account, complicating the conceptual underpinnings of the distinction between law-application and lawmaking. This Article contributes to this literature on the nature of adjudication through the resuscitation of a structuralist mode of legal interpretation. In the structuralist …
Indigenous Peoples And The Jurisgenerative Moment In Human Rights, Kristen A. Carpenter, Angela R. Riley
Indigenous Peoples And The Jurisgenerative Moment In Human Rights, Kristen A. Carpenter, Angela R. Riley
Publications
As indigenous peoples have become actively engaged in the human rights movement around the world, the sphere of international law, once deployed as a tool of imperial power and conquest, has begun to change shape. Increasingly, international human rights law serves as a basis for indigenous peoples' claims against states and even influences indigenous groups' internal processes of decolonization and revitalization. Empowered by a growing body of human rights instruments, some as embryonic as the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), indigenous peoples are embracing a global "human rights culture" to articulate rights ranging from …
Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program
Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program
Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)
Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …
Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann
Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann
Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)
41 pages.
"January, 2009"
The Human Rights Of Indigenous Peoples: United Nations Developments, S. James Anaya
The Human Rights Of Indigenous Peoples: United Nations Developments, S. James Anaya
Publications
No abstract provided.
Sending The Self-Execution Doctrine To The Executioner, Aya Gruber
Sending The Self-Execution Doctrine To The Executioner, Aya Gruber
Publications
No abstract provided.
A Domestic Right Of Return?: Race, Rights, And Residency In New Orleans In The Aftermath Of Hurricane Katrina, Lolita Buckner Inniss
A Domestic Right Of Return?: Race, Rights, And Residency In New Orleans In The Aftermath Of Hurricane Katrina, Lolita Buckner Inniss
Publications
This article begins with a critical account of what occurred in the aftermath of Hurricane Katrina. This critique serves as the backdrop for a discussion of whether there are international laws or norms that give poor, black Katrina victims the right to return to and resettle in New Orleans. In framing this discussion, this article first briefly explores some of the housing deprivations suffered by Katrina survivors that have led to widespread displacement and dispossession. The article then discusses two of the chief barriers to the return of poor blacks to New Orleans: the broad perception of a race-crime nexus …
Indigenous Law And Its Contribution To Global Pluralism, James Anaya
Indigenous Law And Its Contribution To Global Pluralism, James Anaya
Publications
No abstract provided.
Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya
Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya
Publications
No abstract provided.
The Current State Of International Law, S. James Anaya
The Current State Of International Law, S. James Anaya
Publications
No abstract provided.
Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya
Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya
Publications
No abstract provided.
National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein
National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein
Publications
No abstract provided.
Indigenous Peoples' Rights To Water Under International Norms, David H. Getches
Indigenous Peoples' Rights To Water Under International Norms, David H. Getches
Publications
In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the uses made by dominant, non-native societies. As a result, native peoples' ability to perform water-dependent vocations like farming and fishing, and to perpetuate cultures and spiritual practices requiring water is limited. While a few countries recognize water rights of indigenous peoples in their domestic laws, …
Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya
Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya
Publications
In this article renowned scholar S. James Anaya analyzes the divergent assessments of international law's treatment of indigenous peoples' demands to lands and natural resources. The author explores several strains of arguments that have been advanced within this debate, including state-centered arguments and human rights-based arguments. The author also examines the shortcomings of recurring interpretive approaches to international law that consider indigenous peoples' rights to land and resources. From this analysis the author identifies a more promising approach within the human rights framework--which he describes as a realist approach--that focuses on the confluence of values, power, and change. The author …
Indigenous Peoples’ Participatory Rights In Relation To Decisions About Natural Resource Extraction: The More Fundamental Issue Of What Rights Indigenous Peoples Have In Lands And Resources, James Anaya
Publications
No abstract provided.
International Human Rights And Indigenous Peoples: The Move Toward The Multicultural State, S. James Anaya
International Human Rights And Indigenous Peoples: The Move Toward The Multicultural State, S. James Anaya
Publications
No abstract provided.
Superpower Attitudes Toward Indigenous Peoples And Group Rights, S. James Anaya
Superpower Attitudes Toward Indigenous Peoples And Group Rights, S. James Anaya
Publications
No abstract provided.
The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya
The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya
Publications
No abstract provided.
A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya
A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya
Publications
No abstract provided.
Indigenous Rights Norms In Contemporary International Law, S. James Anaya
Indigenous Rights Norms In Contemporary International Law, S. James Anaya
Publications
No abstract provided.
The Capacity Of International Law To Advance Ethnic Or Nationality Rights Claims, S. James Anaya
The Capacity Of International Law To Advance Ethnic Or Nationality Rights Claims, S. James Anaya
Publications
No abstract provided.