Describes why indigenous self-determination, now accepted at both the national and international level,
are hard rights to exercise due to the fact that they are not expressed in any specific institutional arrangement.
*Research paper from Comparative Research in Law & Political Economy.
CLPE Research Paper Series, vol. 04, no. 05, 2008, pp. ii, 1-37
Description
Examines the sources, content and proof of land rights of Indigenous peoples in the United States, Canada, Australia and New Zealand from the common law perspective. Allow time for the link to download the article.
Nine indicators used: recognition of land/title, self-government rights, cultural rights, and customary law, upholding historic treaties and/or signing new treaties, guarantees of representation/consultation in central government, affirmation of distinct status, support/ratification for international instruments, and affirmative action.
2nd edition.
Nine indicators were used: recognition of land/title, self-government, customary law, and culture; legal affirmation of distinct status, support/ratification for international indigenous rights instruments, affirmative action, upholding and/or signing new treaties, and guarantees of representation/consultation in central government.