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The Sweet Spot Between Formalism and Fairness: Indigenous Peoples’ Contribution to International Law

Resource type
Author/contributor
Title
The Sweet Spot Between Formalism and Fairness: Indigenous Peoples’ Contribution to International Law
Abstract
<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>
Date
2021-3-29
Accessed
1/26/23, 10:09 AM
ISSN
2398-7723
Short Title
The Sweet Spot Between Formalism and Fairness
Language
en
Library Catalog
researchspace.auckland.ac.nz
License
Items in ResearchSpace are protected by copyright, with all rights reserved, unless otherwise indicated. Previously published items are made available in accordance with the copyright policy of the publisher.
Citation
Charters, C. (2021). The Sweet Spot Between Formalism and Fairness: Indigenous Peoples’ Contribution to International Law. https://doi.org/10.1017/aju.2021.9