Indigenous sovereignty and crown sovereignty
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This topic is within Principles of Public Law.
Contents |
Required Reading
Blackshield, T, Williams G, Australian Constitutional Law & Theory: Commentary and Materials (5th ed, Federation Press, 2010) pp. 152-153; 178; 183-4; 195-7.
Supplementary materials: Mat 3a.
Overview
Sovereignty and self-determination
By virtue of Article 1 of the International Covenant on Civil and Political Rights, 'All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development'.
It has been recognised that this right to self-determination is particularly relevant to indigenous people, though with qualifications. This recognition was enshrined in the United Nations Declaration on the Rights of Indigenous Peoples 2007[1]. However, this declaration is not a binding statement of international law – it is an unenforceable declaration of values by the UN General Assembly.
Treaty-making overseas
Agreement-making in Australia
Conclusion
End
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References
Textbook refers to Blackshield, T, Williams G, Australian Constitutional Law & Theory: Commentary and Materials (6th ed, Federation Press, 2014)
- ↑ (United Nations General Assembly, A/RES/61/295, 12 September 2007).
