Shaping Indigenous Self-Determination: Promising or Unsatisfactory Solutions?

International Community Law Review, Vol. 13, No. 4, pp. 413-436, 2011

27 Pages Posted: 26 Jan 2012 Last revised: 25 Nov 2012

See all articles by Mauro Barelli

Mauro Barelli

City Law School, City University London

Date Written: January 25, 2012

Abstract

The right of peoples to self-determination represents one of the most controversial norms of international law. In particular, two questions connected with the meaning and scope of this right have been traditionally contentious: first, who constitutes a ‘people’ for the purposes of self-determination, and, secondly, what does self-determination actually imply for its legitimate holders. Against this unsettled background, the 2007 UN Declaration on the Rights of Indigenous Peoples (UNDRIP) affirmed, in a straightforward manner, that indigenous peoples have the right to self-determination. In light of the uncertainties that were mentioned above, it becomes necessary to clarify the actual implications of this important recognition. This article will seek to do so by discussing the drafting history of the provision on self-determination contained in the UNDRIP and positioning it within the broader normative framework of the instrument.

This is a pre-print version of the article published in the International Community Law Review (details above). Please cite to the final published version.

Keywords: Self-Determination, Secession, Indigenous Peoples, United Nations Declaration on the Rights of Indigenous Peoples, UNDRIP, Participation, FPIC

Suggested Citation

Barelli, Mauro, Shaping Indigenous Self-Determination: Promising or Unsatisfactory Solutions? (January 25, 2012). International Community Law Review, Vol. 13, No. 4, pp. 413-436, 2011 , Available at SSRN: https://ssrn.com/abstract=1991756

Mauro Barelli (Contact Author)

City Law School, City University London ( email )

London, EC1V OHB
United Kingdom

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