Indigenous Self-Determination: The Root of State Resistance

Melling, Graham and Sargent, Sarah (2012) Indigenous Self-Determination: The Root of State Resistance. Denning Law Journal, 24 (1). pp. 117-137. ISSN 0269-1922

[img]
Preview
Text
394-1247-1-PB.pdf - Published Version

Download (206kB) | Preview
Official URL: http://www.ubplj.org/index.php/dlj/article/view/39...

Abstract

States have long expressed some resistance towards granting the right of self-determination to identifiable groups of people within their boundaries. This includes the granting of the right to minorities and to indigenous groups. One of the ways in which this reluctance reveals itself is in States‟ resistance to the granting of recognition of “peoples” to certain groups. States, it would seem, draw the erroneous conclusion that recognition of groups as “peoples” under international law will inexorably lead to such “peoples” asserting a right to self-determination and with that an unfettered ability to secede from the state. However states‟ fear of indigenous secession has no realistic basis. Yet states continually resist the idea of indigenous self-determination.

Item Type: Article
Subjects: M100 Law by area
M200 Law by Topic
M900 Other in Law
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Rachel Branson
Date Deposited: 20 Apr 2020 13:14
Last Modified: 20 Apr 2020 13:15
URI: http://nrl.northumbria.ac.uk/id/eprint/42836

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year

View more statistics