Journal

Volume 42 | Number 1 Fall 2006

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Sovereignty Revisited: International Law and Parallel Sovereignty of Indigenous Peoples

by Federico Lenzerini

Summary

  1. Introduction: The Evolution of the Concept of Sovereignty from Political Theory to International Law

  2. Sovereignty, Self-Determination of Peoples, and Democracy

  3. Indigenous Sovereignty

  4. Major Potential Titles of Indigenous Sovereignty
    1. Recognizing the Invalidity of the Original Title of Indigenous Lands Occupation and of the Native Title’s Legal Significance
      1. The Relevant Practice
      2. The Inadequacy of the Recognition of the Invalidity of the Title of Terra Nullius and of the Legal Significance of the Native Title, Ex Se, as Foundation of Indigenous Sovereignty
    2. Delegation of Powers by the State
      1. The Practice of the Delegation of Sovereign Powers by States in International Law
      2. The Lack of Relevant Practice Concerning the Delegation of Sovereign Powers by States to Indigenous Peoples
    3. Rules of Customary International Law
      1. The Growing Interest of International Law for the Protection of the Identity and the Rights of Indigenous Peoples
      2. The Foundations of the Existence of a Norm of Customary International Law Concerning Indigenous Sovereignty
  5. The Nature and Extent of Indigenous Sovereignty Under Customary International Law

  6. Conclusion

Footnotes

For complete footnote citations, download the PDF.

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