Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
}
TY - JOUR
T1 - Conceptualizing the authority of the sovereign state over indigenous peoples
AU - Wheatley, Steven
N1 - http://journals.cambridge.org/action/displayJournal?jid=LJL The final, definitive version of this article has been published in the Journal, Leiden Journal of International Law, 27 (2), pp 371-396 2014, © 2014 Cambridge University Press.
PY - 2014/6
Y1 - 2014/6
N2 - The objective of this article is to evaluate whether the distinctive nature of the international law on indigenous peoples reflected in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) can be explained by reference to the service conception of authority developed by Joseph Raz. The article rejects arguments that the distinctive character of UNDRIP can be justified by ideas of ‘Indigenous Sovereignty’, not least because ‘sovereignty’ was developed in Western political thought in contradistinction to a constructed and imagined dystopian state of nature endured by the indigenous populations of the Americas. Instead, the work seeks to understand the UNDRIP regime in the light of Raz’s conceptualization of legitimate political authority, concluding that the inchoate and under-theorized international law on the rights of indigenous peoples becomes comprehensible within this framework.
AB - The objective of this article is to evaluate whether the distinctive nature of the international law on indigenous peoples reflected in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) can be explained by reference to the service conception of authority developed by Joseph Raz. The article rejects arguments that the distinctive character of UNDRIP can be justified by ideas of ‘Indigenous Sovereignty’, not least because ‘sovereignty’ was developed in Western political thought in contradistinction to a constructed and imagined dystopian state of nature endured by the indigenous populations of the Americas. Instead, the work seeks to understand the UNDRIP regime in the light of Raz’s conceptualization of legitimate political authority, concluding that the inchoate and under-theorized international law on the rights of indigenous peoples becomes comprehensible within this framework.
KW - Indigenous peoples
KW - UNDRIP
KW - Indigenous Sovereignty
KW - Joseph Raz
KW - legitimate political authority
U2 - 10.1017/S092215651300037X
DO - 10.1017/S092215651300037X
M3 - Journal article
VL - 27
SP - 371
EP - 396
JO - Leiden Journal of International Law
JF - Leiden Journal of International Law
SN - 0922-1565
IS - 2
ER -