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This course aims to give students a solid understanding of the international human rights law framework for the promotion and protection of Indigenous Rights.
This course aims to give students a solid understanding of the international legal frameworks for the protection and promotion of Indigenous rights by introducing core legal instruments and institutions. In particular this course will focus on international human rights law, though presenting where appropriate frameworks from across a range of domestic jurisdictions including Aotearoa New Zealand inviting a comparative approach to the protection and promotion of Indigenous rights. This international subject matter will introduce students to a variety of historical and contemporary administrative, art, criminal, constitutional and property law issues which concern Indigenous Peoples. Thematic emphasis will be placed on issues related to self-determination, discrimination, land and culture. These cross jurisdictional and cross cutting issues will challenge students to think critically about the current transnational approach to Indigenous rights. Course materials and assessments will be drawn from a variety of primary and secondary sources including cases, commentary, legislation, popular media and other sources as appropriate.
Learning Outcomes for LAWS358:Demonstrate an understanding of and engage with the international legal frameworks for the protection and promotion of Indigenous rights with a focus on International Human Rights LawDemonstrate an understanding of and engage with the interaction of these international legal frameworks for the protection of Indigenous rightsDemonstrate an understanding of and engage with the historical and contemporary challenges faced by Indigenous Peoples. Where applicable this will include the Māori experience within the context of the international legal frameworks for the protection of Indigenous rightsDemonstrate an understanding of and engage with theories of multiculturalism and International Human Rights Law as forum to address Indigenous rights
This course will provide students with an opportunity to develop the Graduate Attributes specified below:
Critically competent in a core academic discipline of their award
Students know and can critically evaluate and, where applicable, apply this knowledge to topics/issues within their majoring subject.
Biculturally competent and confident
Students will be aware of and understand the nature of biculturalism in Aotearoa New Zealand, and its relevance to their area of study and/or their degree.
Engaged with the community
Students will have observed and understood a culture within a community by reflecting on their own performance and experiences within that community.
Globally aware
Students will comprehend the influence of global conditions on their discipline and will be competent in engaging with global and multi-cultural contexts.
(i) LAWS101 and (ii) LAWS110. RP: LAWS322 International Human Rights Law
LAWS202-LAWS206. Students enrolled in other degrees, who do not have the specified prerequisites and corequisites, but have completed appropriate courses in another discipline, may apply to the Head of Department for a waiver.
LAWS322 International Human Rights Law
Shea Esterling
Elizabeth Macpherson
Assessment will be by the following methods and specifics will be advised in the first week of the course including assessment percentages.• A research essay • An oral group presentation with a written summary• A written final examination
Ahren, Mattias; Indigenous peoples' status in the international legal system ; First edition;
Allen, Steve,1968- , Allen, Steve, Xanthaki, Alexandra; Reflections on the UN Declaration on the Rights of Indigenous Peoples ; Hart, 2011.
Anaya, S. James; Indigenous peoples in international law ; 2nd ed; Oxford University Press, 2004.
Anaya, S. James; International human rights and indigenous peoples ; Aspen Publishers, 2009.
Barelli, Mauro; Seeking justice in international law : the significance and implications of the UN Declaration on the Rights of Indigenous Peoples ;
Charters, Claire. , Stavenhagen, Rodolfo; Making the Declaration work : the United Nations Declaration on the Rights of Indigenous Peoples ; IWGIA ;Distributors Transaction Publisher [and] Central Books, 2009.
Ivison, Duncan,1965- et al; Political theory and the rights of indigenous peoples ; Cambridge University Press, 2000.
Joffe, Paul. , Hartley, Jackie, Preston, Jennifer; Realizing the UN Declaration on the Rights of Indigenous Peoples : triumph, hope, and action ; Purich Pub, 2010.
Kymlicka, Will; Multicultural citizenship : a liberal theory of minority rights ; Clarendon Press ;Oxford University Press, 1995.
Pulitano, Elvira,1970- , Pulitano, Elvira, Trask, Mililani; Indigenous rights in the age of the UN declaration ; Cambridge University Press, 2012.
Saul, Ben; Indigenous peoples and human rights : international and regional jurisprudence ;
Xanthaki, Alexandra; Indigenous rights and United Nations standards : self-determination, culture and land ; Cambridge University Press, 2007.
Aside from selected readings from the above texts, other primary and secondary literature when selected will be made available on Learn.
Domestic fee $790.00
International fee $3,600.00
* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.
For further information see Faculty of Law .