The ‘Inalienable Right’ to Nuclear Energy Under the Nuclear Non-Proliferation Treaty: Indigenous Rights of Consultation, Self-Determination and Environmental Protection of Aboriginal Lands

2018 ◽  
pp. 257-293
Author(s):  
Jonathan Black-Branch
Keyword(s):  
Environmental Protection ◽  
Nuclear Energy ◽  
Indigenous Rights ◽  
Self Determination ◽  
Aboriginal Lands

scholarly journals Environmental Protection through Nuclear Energy

2016 ◽  
Vol 13 (9) ◽  
pp. 941-946 ◽  
Author(s):  
Florian Ion T. Petrescu ◽  
Antonio Apicella ◽  
Relly Victoria V. Petrescu ◽  
Samuel P. Kozaitis ◽  
Ronald B. Bucinell ◽  
...  
Keyword(s):  
Environmental Protection ◽  
Nuclear Energy

James Clifford’s ‘Indigenous Articulations’ as Travelling Theory? The Search for Sustainability in Theorising Taiwan’s Indigenous and Han Populations

2019 ◽  
Vol 2 (1) ◽  
pp. 32-56
Author(s):  
Jess Marinaccio
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Self Determination ◽  
Indigenous Populations ◽  
Pacific Region ◽  
The Pacific ◽  
Literature Culture ◽  
Original Audience

In 2000, the noted scholar James Clifford delivered an address entitled ‘Indigenous Articulations’ in which he challenged dichotomies of authenticity/inauthenticity that plague theories of indigeneity in the Pacific region. Today, ‘Indigenous Articulations’ has travelled far beyond its original audience, and some Taiwanese scholars who analyse the literature/culture of Taiwan’s indigenous peoples have adopted this work. Yet, in contrast to Clifford, these scholars have used ‘Indigenous Articulations’ to simultaneously explain indigenous and Han Taiwanese populations, positing Han-indigenous creolisation as preferable to indigenous self-determination. In this paper, I adopt travelling theory to examine ‘Indigenous Articulations’ and its movement to Taiwan studies. I then consider the works of Kuei-fen Chiu and Hueichu Chu to show how they use ‘Indigenous Articulations’ to support a creolised existence for Han and indigenous populations on Taiwan. Finally, I explore tensions between theoretical and ethical sustainability in Taiwan studies and possibilities for recognising indigenous rights in this field.

scholarly journals Indigenous sovereignty and the new developmentalism in plurinational Bolivia

2019 ◽  
Vol 19 (1) ◽  
pp. 95-119 ◽  
Author(s):  
Nancy Postero ◽  
Nicole Fabricant
Keyword(s):  
Indigenous Rights ◽  
Self Determination ◽  
Alternative Form ◽  
Indigenous Autonomy ◽  
Political Actors ◽  
Indigenous Groups ◽  
Political Struggles ◽  
Emancipatory Politics ◽  
State And Local ◽  
United Nations Declaration

Across Latin America indigenous groups are asserting an alternative form of sovereignty they are calling indigenous autonomy. They have found support in international documents such as the 2007 United Nations Declaration of Indigenous Rights, as well as some Left-leaning governments such as those in Bolivia and Ecuador. Yet, there is a fundamental paradox at play in these demands: indigenous actors must negotiate their self-determination with the states whose essential characteristic is exerting territorial sovereignty. In this paper, we consider the politics entailed in managing these difficult political struggles. We examine one lowland indigenous community, the Guaraní of Charagua, Bolivia, which has articulated a vision of indigenous self-determination based in ñandereku, or ‘our way of being’ in the world. Rather than a liberal notion of territorial administration, this understanding of autonomy implies reciprocal relations between people and the land. We show how the Guaraní must negotiate the ‘spaces in-between’ competing notions of state and local sovereignty to approach their vision of self-determination. We argue that their efforts to assert indigenous autonomy can act as a form of emancipatory ‘politics,’ but that they are entangled with the ‘policing’ of the state, requiring skillful negotiations. Thus, their alternative notions of sovereignty must, at times, be smuggled in under the cover of other seemingly shared agendas such as economic development or liberalism. Here, we dispute Rancière’s notion of politics as the result of radical disagreement. We show instead how political actors negotiate ambiguities inherent in the multiple meanings of sovereignty to promote their own indigenous visions of self-governance. Thus, we posit that politics does not always require radical ruptures, but instead can emerge from productive entanglements in the ‘third spaces’ between neighbors, government entities, and worldviews. We conclude that this sort of balancing act might best be understood through the indigenous idea of ch’ixi, the holding in tension of competing but complementary elements.

Indigenous Self-determination through a Government Agency? The Impossible Task of the Swedish Sámediggi

2016 ◽  
Vol 23 (1) ◽  
pp. 105-127 ◽  
Author(s):  
Rebecca Lawrence ◽  
Ulf Mörkenstam
Keyword(s):  
Indigenous Peoples ◽  
Institutional Design ◽  
Indigenous Rights ◽  
Government Agency ◽  
Self Determination ◽  
Administrative Authority ◽  
Dual Roles ◽  
Daily Work ◽  
Impossible Task ◽  
Depth Interviews

The last two decades have witnessed a growing global acknowledgement of indigenous rights, for instance manifested in the 2007 unDeclaration on the Rights of Indigenous Peoples. The Nordic countries have all responded to the rights claims of the indigenous Sámi people by establishing popularly elected Sámediggis (Sámi Parliaments) to serve as their representative bodies. Internationally, the Sámediggis are often referred to as ‘models’ for indigenous self-governance and participation. Using in-depth interviews with politicians and civil servants, this article provides the first empirical study of the daily work of the Swedish Sámediggi, with a specific focus on its institutional design as a government agency with dual roles: as an administrative authority under the Swedish government and as a popularly elected representative body of the Sámi people. We examine how these dual roles affect the work of the Sámediggi and if the Swedish Sámediggi safeguards the Sámi right to self-determination.

Recent Books on Human Rights and Groups Review Essays International Law and the Evolution of Indigenous Rights

2008 ◽  
Vol 15 (1) ◽  
pp. 117-131
Author(s):  
Stephen Allen
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Land Rights ◽  
Self Determination ◽  
Critical Stage ◽  
Conditions Of Possibility ◽  
Supranational Level

AbstractThe recent adoption of the United Nations (UN) Declaration on the Rights of Indigenous Peoples has reinvigorated the discourse on indigenous rights. This essay reviews three books – Xanthaki's Indigenous Rights and United Nations Standards: Self-Determination, Culture and Land; Gilbert's Indigenous Peoples' Land Rights Under International Law: From Victims to Actors; and Rodriguez-Pinero's Indigenous Peoples, Postcolonialism and International Law: The ILO Regime (1919–1989) – that illustrate the way in which indigenous rights have evolved at the supranational level. Moreover, in their different ways, these important books highlight the conditions of possibility for indigenous peoples at a critical stage in the development of indigenous rights in international law.

Philosophical foundations for Indigenous economic and political rights

2019 ◽  
Vol 46 (11) ◽  
pp. 1264-1276
Author(s):  
Paul Robert Patton
Keyword(s):  
Political Institutions ◽  
John Rawls ◽  
Political Liberalism ◽  
Indigenous Rights ◽  
Self Determination ◽  
Political Rights ◽  
Content Type ◽  
Philosophical Foundations ◽  
Normative Foundations ◽  
Conceptual Work

Purpose The purpose of this paper is to examine some influential accounts of the basis for Indigenous rights, consider their strengths and weaknesses, and ascertain whether and in what degree they support effective self-government and self-determination for Indigenous people. Design/methodology/approach The paper begins with a brief discussion of the emergence of specifically Indigenous rights, the significance of self-determination as a means of improving the economic and social conditions of communities, and the problem such rights pose for late 20th versions of egalitarian liberalism. It then examines the liberal culturalist argument for minority rights developed by Will Kymlicka, before turning to James Tully’s elaboration of the historical approach to the justification of Indigenous rights that draws on the tradition of treaty relations in North American colonialism. Finally, it outlines a third approach based on the political liberalism of John Rawls. Findings The conditions of legitimate government set out in Rawls’ political liberalism are a better way to provide normative foundations for Indigenous rights in contemporary postcolonial democracies. Research limitations/implications The discussion of Indigenous rights is confined to those countries established by colonization with largely British political institutions and populations. The arguments for Indigenous rights are confined to those advanced within the liberal tradition of political thought. Originality/value Some of the criticisms of the liberal culturalist argument and of Tully’s approach are original. The case for Indigenous rights based in the legitimacy requirements of political liberalism is original and based on conceptual work by the author.

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