Ebook Mauro Barelli - Routledge Research in International Law: Seeking Justice in International Law : The Significance and Implications of the un Declaration on the Rights of Indigenous Peoples in EPUB, TXT

9781138017962


1138017965
As the scope and visibility of international law continue to expand, discussions about its nature and function in the global system become increasingly important. A particularly pressing question for international lawyers concerns the relationship between international law and justice: can international law be an effective instrument for the promotion of justice or does its very nature prevent it from playing any significant role in shaping a better world? Against this background, this book seeks to critically examine the struggle of indigenous peoples for justice in international law, paying special attention to the content, nature and implications of the United Nations Declaration on the Rights of Indigenous Peoples. One fundamental question that the book seeks to answer is whether international law has been able to respond fairly and adequately to the demands of indigenous peoples, taking into account their values, concerns and aspirations. At another level, the book seeks to explore the relationship between the response provided by international law and some distinctive features of the human rights claims of indigenous peoples, reflecting on the extent to which the latter have influenced and shaped the former. The above analyses will, in turn, contribute to answer a more general question concerning the emancipatory and transformative force of international law in the contemporary world. The book draws important conclusions as to the reasons and dynamics behind international law's positive recognition of indigenous peoples' rights, providing key insights into the potential and limits of international law to provide valid responses to various groups' demands for justice. The book will be of great interest to students and scholars of public international law, human rights and social movements., Today human rights represent a primary concern of the international legal system. The international community's commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, inter alia , its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples points to the existence of an international law that promises to provide valid responses to the demands for justice of disempowered and vulnerable groups. At one level, the book assesses whether international law has responded fairly and adequately to the human rights claims of indigenous peoples. At another level, it explores the relationship between this response and some distinctive features of the indigenous peoples' struggle for justice, reflecting on the extent to which the latter have influenced and shaped the former. The book draws important conclusions as to the reasons behind international law's positive recognition of indigenous peoples' rights, shedding some light on the potential and limits of international law as an instrument of justice. The book will be of great interest to students and scholars of public international law, human rights and social movements.

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