On Features of Self-Determination of Adolescent of Indigenous Peoples of Far North (Nenets Adolescents)

2017 ◽  
pp. 256-268 ◽  
Author(s):  
Yu. Yu. Lezina ◽  
◽  
T. M. Bostandzhiyeva ◽  
Keyword(s):  
Indigenous Peoples ◽  
Self Determination ◽  
Far North

Sovereign States and Self-Determining Peoples: Carving Out a Place for Transnational Indigenous Peoples in a World of Sovereign States

2010 ◽  
Vol 12 (2) ◽  
pp. 191-212 ◽  
Author(s):  
Timo Koivurova
Keyword(s):  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Self Determination ◽  
International Borders ◽  
United Nations Declaration

AbstractEven though self-determination of peoples has an esteemed place in international law, it seems fairly clear that peoples divided by international borders have difficulty in exercising their right to self-determination. It is thus interesting to examine whether general international law places constraints on trans-national peoples’ right to self-determination. Of particular interest in this article is to examine whether indigenous peoples divided by international borders have a right to self-determination, given the recent adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples. The article will also take up cases where transnational indigenous peoples of Sami and Inuit have tried to exercise their joint self-determination and whether we can, in fact, argue that indigenous peoples divided by international borders have a right to exercise their united self-determination.

scholarly journals The possibilities and limits of non-territorial autonomy in securing indigenous self-determination

2020 ◽  
Vol 31 (3) ◽  
pp. 363-381
Author(s):  
Natalija Shikova
Keyword(s):  
Indigenous Peoples ◽  
Self Determination ◽  
Cultural Autonomy ◽  
The Right

Non-territorial autonomy (NTA) incorporates a mixture of different arrangements such as consociationalism and national-cultural autonomy (NCA), and forms of representation that de-territorialize self-determination. The paper analyses NTA possibilities in reaching indigenous self-governance and reveals the dilemmas in the applicability of NTA for securing the right to self-determination of indigenous peoples. Although the practice points towards some positive examples and successes of NTA institutions related to ingenious peoples (e.g. S?mi Parliaments), the question remains whether NTA holds sufficient potential for addressing indigenous needs upheld by the international principle ?right to land, territories and traditionally owned resources.?

Legislating for the ‘Whole World That Is, in a Sense, a Commonwealth’

2018 ◽  
Author(s):  
Anthony Pagden
Keyword(s):  
Property Rights ◽  
Indigenous Peoples ◽  
Regime Change ◽  
Legal Order ◽  
Self Determination ◽  
Law Of Nations ◽  
Moral Arguments ◽  
School Of Salamanca ◽  
The Law

This chapter argues that, contrary to ‘postcolonial’ claims, the Spanish ‘School of Salamanca’ was not overwhelmingly concerned with the need to justify the Spanish occupation of the Americas, but with creating an understanding of the ‘law of nations’ based upon the concept of a worldwide legal order. In terms of this, the Spanish Crown could only legitimate its presence in America if that could be shown to have brought benefits to the indigenous peoples in terms of protection from tyrannical rulers. None of this, however, could justify occupation or confer sovereignty and property rights on the conquering powers, although it would permit those powers to bring about a form of ‘regime change’. It also argues that all the ‘moral’ arguments for occupation employed by the European colonizing powers led logically and inexorably, if also unintentionally, to the ultimate ‘self-determination’ of the colonized.

Self-Determination of Indigenous Peoples: The Case of the Orang Asli

2012 ◽  
Vol 20 (2) ◽  
pp. 189-210 ◽  
Author(s):  
Rohaida Nordin ◽  
Matthew Albert Witbrodt
Keyword(s):  
Indigenous Peoples ◽  
Self Determination ◽  
Orang Asli

scholarly journals Self-Determination of Indigenous Peoples in Greenland: A Comparison with The Orang Asli in Peninsular Malaysia

2021 ◽  
Vol 29 ◽  
pp. 39-48
Author(s):  
Hashimah Abdul Halim ◽  
Rohaida Nordin
Keyword(s):  
Indigenous Peoples ◽  
Peninsular Malaysia ◽  
Self Determination ◽  
Legal Analysis ◽  
Orang Asli ◽  
Political Status ◽  
Economical Development ◽  
The Right ◽  
Laws And Regulations

For many years, the indigenous peoples had been experiencing various acts of marginalisation and discrimination. However, to this day, the definitions and rights of the indigenous peoples in certain jurisdictions are still left ambiguous. These rights includes the right to self-determination which, on the surface, is linked to freedom to choose political status and cultural or economical development and can be considered as one of the vital rights for indigenous peoples as it allows the community to decide on various aspects of their lives. Looking beyond that, this concept can be further classified into external and internal self-determination and each country may adopt a different approach to this right. As Greenland has a relatively higher population of indigenous peoples, the laws and regulations on indigenous peoples can be distinct. Therefore, this study examines the availability of self-determination policies and possible issues on it’s implementation in Greenland in comparison to the rights of the Orang Asli in Peninsular Malaysia. By using critical legal analysis, this study provides an insight to the exercise of self-determination rights of the indigenous peoples in other jurisdiction and the relevancy of the same right in Malaysia which can help to identify certain aspects to be improved on in the existing national indigenous peoples’ rights laws.

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