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.
According to the 2007 UN Declaration on the Right of Indigenous Peoples, every indigenous individual has the right to a nationality. The present paper focuses on the right to a nationality as a ‘gateway’ to the recognition of a plurality of other rights. Doing so, two issues are given special attention: 1) the lack of adequate birth registration and the consequences of this ‘false start’ for other rights, such as, again, the right to a nationality. 2) The recognition of indigenous identity papers: while regularly Indigenous Peoples do not want to establish an independent sovereign State, many of them strive for the recognition of their own Indigenous identity papers. The paper discusses some of the advantages and consequences thereof.
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.
Professor Frans Alting von Geusau held the chair of Professor of International Organizations at Tilburg University. His life-long academic and distinguished career is reflected in this book. He has long inspired others with his insistence that political realism can only be matched with a sense of ethical purpose. This moral dimension of international relations is one of the main themes of the 23 contributions. Academics from the United States, the UK, Israel, The Netherlands and other European countries give their view of a world which faces the challenges of the next millennium. Those who share von Geusau's deep interest in the cultural and moral dimensions of international relations will find excellent essays on this issue in this book. Those who want to enlarge their views on the (uncertain) future of a united Europe will find inspiring ideas and visions in this book. This book demonstrates that what really matters is righteousness and justice for all.