Indigenous self-determination: the root of state resistance

Melling, Graham (2012) Indigenous self-determination: the root of state resistance. Denning Law Journal, 24 . pp. 117-137. ISSN 0269-1922

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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.

Keywords:self-determination, indigenous, secession
Subjects:M Law > M130 Public International Law
Divisions:College of Social Science > Lincoln Law School
ID Code:29728
Deposited On:01 Dec 2017 16:21

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