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Full-Text Articles in Law
Indigenous Peoples' Land Rights Under The International Covenant On Civil And Political Rights, Martin Scheinin
Indigenous Peoples' Land Rights Under The International Covenant On Civil And Political Rights, Martin Scheinin
Aboriginal Policy Research Consortium International (APRCi)
his paper presentes the evolving understanding of indigenous peoples' land rights under the International Covenant on Civil and Political Rights (ICCPR), as reflected in the practice of the Human Rights Committee (HRC), the monitoring body established under the ICCPR. The discussion is based on cases decided under the Optional Protocol to the Covenant, on the Committee's general comments and on the Committee's consideration of periodic reports by States parties. As to the points of entry to the discussion on land rights, two provisions of the ICCPR are identified: the right of all peoples to self- determination (Article 1) and the …
Beyond Reparations: An American Indian Theory Of Justice, William Bradford
Beyond Reparations: An American Indian Theory Of Justice, William Bradford
Aboriginal Policy Research Consortium International (APRCi)
No abstract provided.
Retracing The Discovery Doctrine: Aboriginal Title, Tribal Sovereignty, And Their Significance To Treaty-Making And Modern Natural Resources Policy In Indian Country, Michael C. Blumm
Aboriginal Policy Research Consortium International (APRCi)
One of the more misunderstood concepts of Anglo-American law is the discovery doctrine, the principle by which Europeans rationalized their presence in North America. Misinterpretation of the doctrine led to unwarranted assumptions about the relationship between the federal government and indigenous tribes in the late 19th and early 20th centuries and to misinterpretations abroad, notably in Australia. These misinterpretations by judges and Congress made the discovery doctrine into what one scholar called a perfect instrument of empire. But this article maintains that this result was a perversion of the doctrine laid down in the early 19th century by the Marshall …