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Titill

The rights to self-determination of the indigenous peoples : illustrated by Arctic indigenous peoples

Höfundur
Útdráttur

This thesis is a legal analysis of indigenous peoples’ right to self-determination in the international law. In the beginning, this thesis distinguished three important concepts in the international law: peoples, minorities and indigenous peoples. Then it reviewed the development, content, beneficiary and other aspects of self-determination. Through those reviews, the indigenous peoples’ right to self-determination it different from the right to self-determination in the international law. This thesis concluded that the nature of indigenous peoples’ right to self-determination is the so-called internal self-determination which was not recognized by the international law now. Finally, through the study on two examples of indigenous peoples in the Arctic area, the approaches for indigenous peoples to realize their self-determination could be different varying with different States. And the extent and measures of indigenous peoples’ right to self-determination is always decided by the domestic law, considering the international customary law about the standards of indigenous peoples’ right to self-determination is not emerged now. Because the indigenous peoples’ right to self-determination was always confused with the right to self-determination in the practice, the thesis also advised another concept for description of indigenous peoples’ right to self-determination shall be used in the further development. Finally, although some States didn’t recognize the indigenous peoples’ right to self-determination, they should protect and promote other rights of indigenous peoples.

Birting
21.6.2010


Skrár
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