"The Spaces In Between examines prospects for the enhanced practice of Indigenous political sovereignty within the Canadian state. As Indigenous rights include the right to self-determination, the book contends that restored practices of Indigenous sovereignty constitute important steps forward in securing better relationships between Indigenous peoples and the Canadian state. While the Canadian state maintains its position of dominance with respect to the exercise of state sovereignty, Tim Schouls reveals how Indigenous nations are nevertheless increasingly carving out and reclaiming areas of significant political power as their own. By means of strategically acquired legal concessions, often at the Supreme Court of Canada level, through hard-fought political negotiations and sometimes through simple declarations of intent, Indigenous nations have regularly compelled the Canadian state to roll back its jurisdiction over them. In doing so, they have enhanced their prospects for political sovereignty within Canada. As such, they now increasingly occupy what Schouls refers to metaphorically as "the spaces in between." The book asserts that occupation of these jurisdictional "spaces in between" not only goes some distance in meeting the requirements of Indigenous rights but also contributes to Indigenous community autonomy and well-being, enhancing prospects for reconciliation between Indigenous peoples and the Canadian state."--

Dinah Shelton and Federico Guzman Duque examine the human rights of indigenous peoples and communities under current international law. Setting out a historical overview of the legal treatment of native populations from the colonial period to the present, the authors deftly analyze frameworks of institutions monitoring indigenous human rights, theoretical issues relating to these, access to justice and reparations, and special considerations afforded to specific indigenous communities.

"Examining the restitution of cultural property to Indigenous Peoples in human rights law, this book offers a detailed analysis of the opportunities and constraints of international law as a tool of resistance and social transformation for marginalized groups. In accordance with an increasing insistence on respect for diverse cultures, and through their own international mobilization, Indigenous Peoples have participated in the construction of a distinct human rights framework. Significant academic inquiry has focused on the substantive gains made by Indigenous Peoples in this context; along with its impact on a body of law that had previously denied Indigenous Peoples a basis for claims to their own cultural materials and practices. Accordingly, this book acknowledges that Indigenous Peoples, as non-state actors, have generated greater substantive and procedural legitimacy in human rights law making. Offering normative insights into the participation of non-state actors in international law making, it also, however, demonstrates that, despite their significant role in constructing the legal framework of human rights in the 21st century, the participation of Indigenous Peoples continues to be structurally limited. With its interdisciplinary approach to the field, this book will appeal to scholars and students in the fields of law, politics, anthropology and indigenous studies"--

Self-Determination as Voice addresses the relationship between Indigenous peoples' participation in international governance and the law of self-determination. Many states and international organizations have put in place institutional mechanisms for the express purpose of including Indigenous representatives in international policy-making and decision-making processes, as well as in the negotiation and drafting of international legal instruments. Indigenous peoples' rights have a higher profile in the UN system than ever before. This book argues that the establishment and use of mechanisms and policies to enable a certain level of Indigenous peoples' participation in international governance has become a widespread practice, and perhaps even one that is accepted as law. In theory, the law of self-determination supports this move, and it is arguably emerging as a rule of customary international law. However, ultimately the achievement of the ideal of full and effective participation, in a manner that would fulfil Indigenous peoples' right to self-determination, remains deferred.