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In 2010 Indigenous peoples' rights continued to feature in discussions in a variety of international fora. Indigenous peoples' traditional knowledge (TK) associated with genetic resources (GR) were discussed under the Convention on Biological Diversity (CBD); under the auspices of the World Intellectual Property Office (WIPO) and within the World Trade Office (WTO). The United Nations (UN) General Assembly's Declaration on the Rights of Indigenous Peoples (Indigenous Peoples' Declaration) featured in debate under the UN Framework Convention on Climate Change (UNFCCC); the UN General Assembly's Third Committee; the work of the UN mechanisms with a specific mandate concerning Indigenous peoples; and, in a landmark ruling of the African Commission on Human and People's Rights (African Commission), was adopted by the African Union. International human rights monitoring bodies also advanced their jurisprudence on the rights of Indigenous peoples.
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"In this era of indigenous peoples' rights recognition, states around the globe are faced with reconciling the pre-existing, inherent rights of indigenous peoples with those held and asserted by the state. This fact was brought into sharp focus in New Zealand by the Court of Appeal decision of Ngati Apa." "This collection of essays does not aim to be an exhaustive treatment of the legal issues raised by Ngati Apa and the Foreshore and Seabed Act 2004 (the FSA). It does, however, address many of the most salient."--BOOK JACKET.
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In 2009 international legal negotiations of particular relevance to Indigenous peoples continued under the United Nations (UN) Framework Convention on Climate Change (UNFCCC); the Convention on Biodiversity (CBD); and the auspices of the World Intellectual Property Office (WIPO). As in previous years, international human rights monitoring bodies developed jurisprudence on the rights of Indigenous peoples, contributing to the development of customary international law in the field. New Zealand was the subject of the UN Human Rights Council's (HRC) universal periodic review (UPR) process for the first time in 2009. The HRC focused on Maori and their rights during the UPR with calls for New Zealand to support the UN General Assembly's Declaration on the Rights of Indigenous Peoples (Indigenous Peoples' Declaration) and to consider constitutional entrenchment of international human rights instruments and the Treaty of Waitangi.New Zealand's reluctance to recognise Indigenous peoples' rights persisted in 2009. New Zealand did not endorse the Indigenous Peoples' Declaration and Indigenous peoples' rights did not feature prominently in New Zealand's statements in international fora.
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This chapter outlines juris-significant, but unorthodox, ways in which international and domestic law, policy and practice influence each other with respect to Indigenous Peoples’ norms. In the authors’ view, such an approach paints a more comprehensive and accurate picture of the legal dialogue that occurs than orthodox and positivistic legal accounts. The approach also illustrates unique and potentially powerful ways that Indigenous Peoples and other non-state actors can better realise Indigenous Peoples’ rights in their territories. The chapter begins by briefly introducing international legal norms relevant to Indigenous Peoples before contrasting formal understandings of the law with new accounts of the influence of legal norms. The final, and primary, section seeks to capture the relationship between international law and domestic state law and policy. It focuses upon international law’s relationship with the courts, legislature and the executive in Aotearoa (New Zealand), although the broader existence of this intersect is signalled.
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Summary: "The third in a series committed to discussions of Te Tiriti o Waitangi/Treaty of Waitangi issues. These essays from leading scholars and researchers take a dynamic approach to understanding Tiriti/Treaty relationships, acknowledging the ever-evolving interplay between the Crown and Māori through time. The book addresses pressing issues like Treaty principles, sovereignty, the UN Declaration on the Rights of Indigenous Peoples, and manawhenua relationships to Te Tiriti and settlements. It emphasises the roles of tikanga and rangatiratanga in fostering genuine progress, and envisions a future guided by these principles in advancing Māori-Crown relationships"--Publisher's website.
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