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Full-Text Articles in Law
Changing Territoriality, Fading Sovereignty, And The Development Of Indigenous Group Rights, Austen L. Parrish
Changing Territoriality, Fading Sovereignty, And The Development Of Indigenous Group Rights, Austen L. Parrish
Articles by Maurer Faculty
For much of the 19th and 20th Centuries, the international community resisted the notion of indigenous peoples' rights. In recent years, however, this has changed. The emergence of indigenous rights in international law may finally be upon us. At the very least, the language of international instruments and certain court decisions indicate a new era is emerging in which international law is beginning to recognize the rights of indigenous peoples. And the public seems increasingly aware of the challenges facing indigenous groups. Despite a past where victories for indigenous peoples' rights have been few, scholars are cautiously optimistic for the …
The Individual And Customary International Law Formation, Christiana Ochoa
The Individual And Customary International Law Formation, Christiana Ochoa
Articles by Maurer Faculty
A state monopoly on customary international law formation was once required and acceptable, given the status states enjoyed as the sole subjects of international law. Since the drafting of the most commonly cited doctrinal sources of customary international law, legal personhood has been extended to individuals. During this same time period, individuals have come to participate in treaty-making in some key areas of international law, including human rights. The customary international law of human rights, no less than treaty law, has direct effects on individuals. It sees them as the subjects protected by those provisions that have attained the status …