Indigenous Peoples in The 1990s: From Object to Subject of International Law?

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Indigenous Peoples in The 1990s: From Object to Subject of International Law?
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7 HARVARD HUMAN RIGHTS JOURNAL, 33-86 (1994).
This comprehensive article explores the main issues arising in the pursuit of international Indigenous rights. The premise of the author is that the development of Indigenous rights in the international arena is contingent on understanding Indigenous peoples as subjects of international law, with rights and duties, rather than simply objects of international law. The first part of the article presents a thorough overview of the main legal and political issues affecting claims of self-determination. The second section suggests that there is a growing acceptance in international law of the collective identity and distinct rights of Indigenous peoples. The final section of the article describes the main challenges remaining for full recognition of Indigenous peoples' legal personality under international law. This article is relevant to the broad establishment of Indigenous women's rights in international law.