Indigenous Peoples in International Law
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| Author | James Anaya |
|---|---|
| Language | English |
| Subject | Indigenous rights, International law |
| Publisher | Oxford University Press |
Publication date | 1996 |
| Media type | Paperback |
| Pages | 408 |
| ISBN | 0-19-517350-3 |
Indigenous Peoples in International Law (ISBN 0-19517-350-3) is a book written by James Anaya.[1][2] According to the author, "the central contention of this book is that international law, although once an instrument of colonialism, has developed and continues to develop, however grudgingly or imperfectly, to support indigenous peoples’ demands".
James Anaya's book is noted as a systematic overview of the status of indigenous peoples in international law.[3] The books explores the relations and differences between the indigenous peoples and other peoples or nations. The book constitutes one of the most sustained accounts of the development of the international law in recognizing the indigenous peoples as a distinct category. Throughout the book, Anaya discusses not only the official legal texts that relate to indigenous peoples but also the preparatory documents and background debates.
Canadian philosopher Will Kymlicka, considers the book to "undoubtedly serve as the standard reference" for the development of the Declaration on the Rights of Indigenous Peoples.[3] However, Anaya is not only interested in cataloguing the developments of international law in the matters concerning indigenous peoples. He wishes to provide a theory of indigenous rights. He wants to show that the new international norms providing indigenous rights are a coherent and defensible set of moral principles, and not just an ad hoc compromise between contending groups. James Anaya shows that international law includes norms and procedures that benefit indigenous peoples, and that this challenges the legacy of dispossession and the forces that would see it continue.[4]