ILAP641-18S2 (C) Semester Two 2018

The Rights of Indigenous Peoples

15 points

Details:
Start Date: Monday, 16 July 2018
End Date: Sunday, 18 November 2018
Withdrawal Dates
Last Day to withdraw from this course:
  • Without financial penalty (full fee refund): Friday, 27 July 2018
  • Without academic penalty (including no fee refund): Friday, 12 October 2018

Description

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

  • Evaluate and critique the international legal frameworks for the protection and promotion of Indigenous rights with a focus on International Human Rights Law
  • Analyse and appraise the interaction of these international legal frameworks for the protection of Indigenous rights
  • Evaluate and analyse 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 rights
  • Analyse and evaluate theories of multiculturalism and International Human Rights Law as a forum to address Indigenous rights
    • University Graduate Attributes

      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.

Pre-requisites

Subject to the approval of the Dean of Law

Restrictions

Course Coordinator / Lecturer

Shea Esterling

Assessment

The assessment is likely to consist of an extended research essay of 7,000 words and a presentation at a research seminar.

Textbooks / Resources

Recommended Reading

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.

Indicative Fees

Domestic fee $943.00

* 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 .

All ILAP641 Occurrences

  • ILAP641-18S2 (C) Semester Two 2018