Full bibliography

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.