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In: Reflections on Global Law

Public international law has, in several ways, reached the status of global law. But take care: ‘international’ is not necessarily ‘transnational’ nor is it equal to ‘universal’. In the article, the author draws attention to, inter alia, the limits to ‘the consent to be bound’ and to the role of General Principles of international law. Further to that, he discusses aspects of international lawmaking, while underlining that the emphasis should be more on processes of globalization than on global as such: in most cases there is a long way to go.

In: Tilburg Law Review
In: Tilburg Law Review
In: New Challenges to International Law
In: The Role of the Nation-State in the 21st Century: Human Rights, International Organisations and Foreign Policy

Abstract

The article gives an overview of the current status of human rights and poverty in the context of the contemporary struggles of indigenous peoples. It aims to describe the framework of indigenous rights as constituted by, and constitutive of, the relationship between legal processes at the international, regional and national levels. The article also makes links to broader issues such as the racial, ethnic, linguistic and cultural human rights instruments, as well as to the important linkage to international poverty law. It outlines the current status of international legal protection for indigenous peoples before giving different cases in which these legal mechanisms have been used and questioned at the regional and national levels. The article concludes by arguing that indigenous rights standards play an important role in terms of serving as 'ceilings' or 'floors' between which indigenous movements and supporting NGOs can mobilize and find a legal framework to form their case.

In: International Journal on Minority and Group Rights
In: Realism and Moralism in International Relations