Abstract
International law on the rights of Indigenous peoples has developed rapidly in recent decades. In the latest phase of this development, international instruments on the rights of Indigenous peoples have increasingly offered universalized statements. However, the reality remains that the implementation of Indigenous rights must take place in particular circumstances in particular states. The form of domestic implementation of Indigenous rights may or may not connect closely to international law statements on these rights, and there may be good reasons for that. This essay takes up a particular example of Indigenous land rights and a significant recent development on land rights in the Supreme Court of Canada.
Highlights
International law on the rights of Indigenous peoples has developed rapidly in recent decades.[1]
The reality remains that the implementation of Indigenous rights must take place in particular circumstances in particular states
In the common law world, the transjudicial conversation has been more in the form of networked exchange of ideas across constitutional contexts than in the form of any definitive endeavour to implement international law as a higher order of law.[8]
Summary
International law on the rights of Indigenous peoples has developed rapidly in recent decades.[1].
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