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Charters, C. (2007). The Rights of Indigenous Peoples: New Zealand and the Adoption of the Declaration on the Rights of Indigenous Peoples (SSRN Scholarly Paper No. 2887705). https://doi.org/10.2139/ssrn.2887705

Discusses the New Zealand position on the adoption of the UN Declaration on the Rights of Indigenous Peoples.

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Charters, C. (2010). A Self-Determination Approach to Justifying Indigenous Peoples’ Participation in International Law and Policy Making. International Journal on Minority and Group Rights, 17(2), 215–240. https://doi.org/10.1163/157181110X495872

This paper defends the legitimacy-positive impact of a "contextual-participation approach" to indigenous peoples' participation in international law-making. It argues that indigenous peoples' participation should be substantial where the issue being negotiated at the international level is of considerable interest to indigenous peoples and indigenous peoples have not consented to state representation. The "contextual-participation approach" to indigenous peoples' participation realises the justice in indigenous peoples' claims to remedial efforts to recognise their, mostly lost and historical, sovereignty, and to contemporary and evolving legal, and largely democratic, understandings of self-determination, as expressed, for example, in the UN Declaration on the Rights of Indigenous Peoples. At the same time, it balances indigenous peoples' self-determination entitlements to full participation in international law making, as unjustifiably excluded sovereigns, with contemporary political realities.

Charters, C. (2016). Legitimising the State: Constitutional Reform to Recognise Rangatiratanga and Tikanga Maori (SSRN Scholarly Paper No. 2864101). https://doi.org/10.2139/ssrn.2864101

Arguments for constitutional reform to recognise Rangatiratanga and Tikanga Maori.

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Charters, C. (2021). The Sweet Spot Between Formalism and Fairness: Indigenous Peoples’ Contribution to International Law. https://doi.org/10.1017/aju.2021.9

<jats:p>Standing back, the greatest influence of Indigenous Peoples on international law is our contribution to a pragmatically-driven yet conscious reframing of its foundations. Partly as a result of our participation in international law, it is changing its nineteenth and twentieth century state-centric, colonial, and positivist character to a more informal, flexible, and partially decolonizing system of law. In this way, Indigenous Peoples are crafting a legal system that achieves the “sweet-spot.” It has sufficient “hard-law” quality to restrain the self-interested instincts of powerful states—much needed by Indigenous Peoples seeking to realize their claims against states—and systemic inclusion and justice.</jats:p>

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Charters, C. (2017). Use It or Lose It: The Value of Using the Declaration on the Rights of Indigenous Peoples in Maori Political and Legal Claims (SSRN Scholarly Paper No. 3011029). https://papers.ssrn.com/abstract=3011029

In this paper I argue that Maori should cite and rely on the Declaration on the Rights of Indigenous Peoples in their legal and political claims as this process can lead to the internalisation of these norms even when states reject them. The paper draws heavily on the case study of the use of the Declaration in a Waitangi Tribunal claim relating to Maori self-determination.

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Charters, C. (2012). The Legitimacy of Indigenous Peoples Norms Under International Law by Claire Charters :: SSRN [University of Auckland]. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2887666

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Benjamin J. Richardson, & Charters, C. (2009). Indigenous legal theory: some initial consideration. In Indigenous peoples and the law: comparative and critical perspectives. Hart.

"Provides an historical, comparative and contextual analysis of various legal and policy issues affecting indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments"--Back cover.

Charters, C., & Erueti, A. (2005). Report from the inside: the CERD Committee’s review of the Foreshore and Seabed Act 2004. Law Review (Wellington), 36(2), 257–290. https://doi.org/10.26686/vuwlr.v36i2.5597

Describes, from the perspective of the advocates for Maori claimants, the substance of submissions to and process followed by the United Nations committee on the Elimination of Racial Discrimination (CERD) in determining that the Foreshore and Seabed Act 2004 discriminates against Maori. Source: National Library of New Zealand Te Puna Matauranga o Aotearoa, licensed by the Department of Internal Affairs for re-use under the Creative Commons Attribution 3.0 New Zealand Licence.

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