Type of Credit: Elective
Credit(s)
Number of Students
Historically, state-indigenous relationships are delimited within the legal system through the common law, statutory law and constitutional law; a process profoundly intertwined with states' colonial history, the evolution of constitutional and human rights norms and the imperatives of national development. The course will evaluate the emergence of international law and norms involving the individual and collective rights of indigenous peoples and seeks to see how these rights and norms interact with the domestic law and history of various common law states.
The course will critically review and analyse international legal developments relating to indigenous culture and rights including the International Convention on Civil and Political Rights, the Declaration on the Rights of Indigenous Peoples, and the Convention on Biological Diversity through a review of the comments and jurisprudence.
能力項目說明
Upon successful completion of this course, students should be able to:
Describe and explain the basic principles of the International Law relating to indigenous peoples as reflected in International Legal instruments.
Describe and explain the basic principles and law relating to indigenous peoples of several common law states.
Apply the principles of Indigenous law and policy to solve legal and policy problems problems by: analysing policies; interpreting national statutes and international commentary; conducting independent research on the law and relevant legal/policy issues in relation to indigenous law and policy; and marshalling arguments clearly, logically, coherently and effectively, both orally and in writing.
Research, analyse and critically evaluate: legal principles and doctrines in indigenous law, common and statutory law and constitutional law in light of both doctrinal coherence and in relation to the policy objectives of the law; and the implications of international and domestic indigenous law in facilitating or limiting the achievement of indigenous self-determination, cultural and land rights .
| 教學週次Course Week | 彈性補充教學週次Flexible Supplemental Instruction Week | 彈性補充教學類別Flexible Supplemental Instruction Type |
|---|---|---|
This course will be taught online in Spring 2022.
|
週次 |
課程內容與指定閱讀 |
教學活動與課前、課後作業 |
學生學習投入時間 （含課堂教學時數） |
|
1 |
Introduction |
Lecture, discussion |
3 |
|
2 |
What is indigenity? |
Lecture, discussion |
3 |
|
3 |
Contact and colonisation |
Lecture, readings, discussion, presentation |
5 |
|
4 |
Liberalism and indigenous peoples |
Lecture, readings, discussion, presentation |
5 |
|
5 |
Legal pluralism |
Lecture, readings, discussion, presentation |
5 |
|
6 |
Customary law as part of the legal system |
Lecture, readings, discussion, presentation |
5 |
|
7 |
The treaty of Waitangi and its implications in New Zealand law and policy |
Lecture, readings, discussion, presentation |
5 |
|
8 |
Native title and Australian law |
Lecture, readings, discussion, presentation |
5 |
|
9 |
Constitutional protection and the Canadian First Nations |
Lecture, readings, discussion, presentation |
5 |
|
10 |
Treaty rights and sovereignty; native American in the United States |
Lecture, readings, discussion, presentation |
5 |
|
11 |
Recent developments in Australian, Canadian, and American jurisprudence relating to Maori and Aboriginal rights |
Lecture, readings, discussion, presentation |
5 |
|
12 |
Indigenous rights in the Pacific island states |
Lecture, readings, discussion, presentation |
5 |
|
13 |
Philosophical and legal basis of group and Indigenous rights |
Lecture, readings, discussion, presentation |
5 |
|
14 |
International instruments and Indigenous rights |
Lecture, readings, discussion, presentation |
5 |
|
15 |
The declaration on the rights of Indigenous peoples: self-determination and land rights |
Lecture, readings, discussion, presentation |
5 |
|
16 |
The declaration on the rights of Indigenous peoples continued: cultural right |
Lecture, readings, discussion, presentation |
5 |
|
17 |
Regional systems and indigenous rights: the inter-American system and the African Charter on Human and Peoples’ Rights |
Lecture, readings, discussion, presentation |
5 |
|
18 |
Conclusion |
Discussion |
3 |
A. Abstract, bibliography, 15-20 minute presentation on chosen research topic with research questions 30%
B. 3000 word essay on the indigenous law or policy of a selected common law or Asia Pacific state 70%
Course reading supplied Required and Recommended Readings will be posted online.
There is no prescribed textbook, however, the following texts will be useful throughout the course:
Anaya, S. James, Indigenous peoples in international law (Oxford University Press, 2004) Second edition.
Irene Watson, ed, Indigenous peoples as subjects of international law (New York, Routledge, 2018)