Final published version
Research output: Contribution in Book/Report/Proceedings - With ISBN/ISSN › Chapter
Research output: Contribution in Book/Report/Proceedings - With ISBN/ISSN › Chapter
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TY - CHAP
T1 - Indigenous Peoples and the Right of Political Autonomy in an Age of Global Legal Pluralism
AU - Wheatley, Steven
PY - 2009/11/19
Y1 - 2009/11/19
N2 - This chapter focuses on the complexities that emerge in the system of global governance following the acceptance that indigenous peoples are 'peoples' with a right to self-government through (indigenous) law. The chapter proceeds as follows. It first provides an overview of the adoption of the UN Declaration and its status in international law, before examining the provisions on shared government and self-government. The Declaration reflects a condition of legal pluralism, and the chapter examines the meaning of the idea before considering its relevance beyond the state. It concludes on the need for a distinction to be made between normative pluralism and legal pluralism, and in doing so, develops a concept of law that applies to state law, international law, and the laws of indigenous peoples. The chapter then returns to the question of the conflict of law norms in conditions of global legal pluralism, complexity, uncertainty, and reasonable disagreement. It argues that legal orders should approach the question of the conflicts of laws from the perspective of democratic legitimacy. It questions whether it is appropriate to apply this 'meta-perspective' to the position of indigenous peoples, and concludes with a number of observations on the right of political participation for persons belonging to indigenous peoples in the fragmented system of global governance.
AB - This chapter focuses on the complexities that emerge in the system of global governance following the acceptance that indigenous peoples are 'peoples' with a right to self-government through (indigenous) law. The chapter proceeds as follows. It first provides an overview of the adoption of the UN Declaration and its status in international law, before examining the provisions on shared government and self-government. The Declaration reflects a condition of legal pluralism, and the chapter examines the meaning of the idea before considering its relevance beyond the state. It concludes on the need for a distinction to be made between normative pluralism and legal pluralism, and in doing so, develops a concept of law that applies to state law, international law, and the laws of indigenous peoples. The chapter then returns to the question of the conflict of law norms in conditions of global legal pluralism, complexity, uncertainty, and reasonable disagreement. It argues that legal orders should approach the question of the conflicts of laws from the perspective of democratic legitimacy. It questions whether it is appropriate to apply this 'meta-perspective' to the position of indigenous peoples, and concludes with a number of observations on the right of political participation for persons belonging to indigenous peoples in the fragmented system of global governance.
KW - Global governance
KW - Indigenous peoples
KW - Law norms
KW - Legal pluralism
U2 - 10.1093/acprof:oso/9780199580910.003.0014
DO - 10.1093/acprof:oso/9780199580910.003.0014
M3 - Chapter
AN - SCOPUS:84920138587
SN - 9780199580910
VL - 12
SP - 351
EP - 384
BT - Current Legal Issues
A2 - Freeman, Michael
A2 - Napier, David
PB - Oxford University Press (OUP)
ER -