Abstract:

This book contends that the classification of Indigenous peoples as subjects originated from international law during the late 1970s and early 1980s. Subsequently, by examining several real-life examples, this study explores how Indigenous individuals who identify themselves, as well as scholars, UN agencies, and non-government organizations (NGOs), spread the concept of subject-status and the discourse on associated rights beyond international and national legal frameworks. This statement indicates that those who assert their rights as Indigenous peoples on an international level are recognized as legal subjects under international law. However, it also highlights that this recognition does not grant them authority or freedom from a legal system that is founded on nation-states. This book argues that there is a need to re-evaluate the theoretical and critical aspects of the discussion on Indigenous peoples and international law. It raises concerns about the status of those who assert Indigenous peoples' rights and examines the role of scholars, institutions, NGOs, and other actors in shaping that status. While directly acknowledging the constraints of international human rights law, the text proceeds to offer a theoretical structure for reconsidering the potential and influence of the rights of Indigenous peoples.