Chapter 6. Modern Treaties And Land Rights: The Renewal Of A Dialogue

Abstract

In recent years, numerous agreements have been established between governments and indigenous representatives; the recognition of indigenous peoples' right over their territories is often the central issue of these agreements. This chapter explores how indigenous people have entered this age of negotiations with States on the issue of territoriality, and further evaluates the role of human rights law in these developments, as international human rights law plays an important role in these agreements between States and indigenous people. It argues that there are two main categories of so-called treaties: the first aimed at the establishment of peace-agreements to achieve peace, while the second concerns land settlement agreements in which the goal is specifically the negotiation of land rights. The chapter takes a contemporary approach by evaluating and exploring the role and the model of contemporary territorial treaties between States and indigenous people and what role international law can play.Keywords: indigenous people; international human rights law; land rights; land settlement agreements; modern treaties; peace-agreements; territorial treaties