- Title
- The UN declaration on the rights of indigenous peoples and self-determination in Australia: using a human rights approach to promote accountability
- Creator
- Maguire, Amy
- Relation
- 2014 New Zealand Yearbook of International Law Vol. 12, p. 105-134
- Relation
- http://www.nzlii.org/nz/journals/NZYbkIntLaw/2014/7.html
- Publisher
- University of Canterbury
- Resource Type
- journal article
- Date
- 2016
- Description
- This article explores the right of Indigenous peoples to self-determination in the context of accountability, both in terms of Australia’s accountability to its Indigenous peoples and its accountability under international law. Lawyers often tend to focus on what the law says and what status it has (particularly in international law, where “soft” law is subject to marginalisation in many accounts). I am more interested in what the law does, whether it is translated into state and non-state actor behaviour and whether the law is used in ways which attend to the needs of those subject to it. For these reasons, this article draws on data from a qualitative empirical study involving self-determination claimants. I put forward an argument based in international legal norms that seeks to hold the state accountable not only to the international community but to its own citizens. Accountability is a useful concept for tying the law – as an instrument of the state – to the state’s obligations to its people
- Subject
- Indigenous; self-determination; Australia; international law; human rights; accountability
- Identifier
- http://hdl.handle.net/1959.13/1347675
- Identifier
- uon:30095
- Identifier
- ISSN:1176-6417
- Language
- eng
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