Historically, state-indigenous relationships are delimited within the legal system through the common law, statutory law and constitutional law; a process profoundly intertwined with states' colonial history, the evolution of constitutional and human rights norms and the imperatives of national development. The course will evaluate the emergence of international law and norms involving the individual and collective rights of indigenous peoples and seeks to see how these rights and norms interact with the domestic law and history of various common law states.
The course will critically review and analyse international legal developments relating to indigenous culture and rights including the International Convention on Civil and Political Rights, the Declaration on the Rights of Indigenous Peoples, and the Convention on Biological Diversity through a review of the comments and jurisprudence
Upon successful completion of this course, students should be able to:
1. Describe and explain the basic principles of the International Law relating to indigenous peoples as reflected in International Legal instruments.
2. Describe and explain the basic principles and law relating to indigenous peoples of several common law states.
3. Apply the principles of Indigenous law and policy to solve legal and policy problems problems by: analysing policies; interpreting national statutes and international commentary; conducting independent research on the law and relevant legal/policy issues in relation to indigenous law and policy; and marshalling arguments clearly, logically, coherently and effectively, both orally and in writing.
4. Research, analyse and critically evaluate: legal principles and doctrines in indigenous law, common and statutory law and constitutional law in light of both doctrinal coherence and in relation to the policy objectives of the law; and the implications of international and domestic indigenous law in facilitating or limiting the achievement of indigenous self-determination, cultural and land rights.
The course will critically review and analyse international legal developments relating to indigenous culture and rights including the International Convention on Civil and Political Rights, the Declaration on the Rights of Indigenous Peoples, and the Convention on Biological Diversity through a review of the comments and jurisprudence
Upon successful completion of this course, students should be able to:
1. Describe and explain the basic principles of the International Law relating to indigenous peoples as reflected in International Legal instruments.
2. Describe and explain the basic principles and law relating to indigenous peoples of several common law states.
3. Apply the principles of Indigenous law and policy to solve legal and policy problems problems by: analysing policies; interpreting national statutes and international commentary; conducting independent research on the law and relevant legal/policy issues in relation to indigenous law and policy; and marshalling arguments clearly, logically, coherently and effectively, both orally and in writing.
4. Research, analyse and critically evaluate: legal principles and doctrines in indigenous law, common and statutory law and constitutional law in light of both doctrinal coherence and in relation to the policy objectives of the law; and the implications of international and domestic indigenous law in facilitating or limiting the achievement of indigenous self-determination, cultural and land rights.