International human rights law Part 35

Using “Norms”to Change International Law: UN Human Rights Laws Sneaking in through the Back Door?
Troy Rule
Chicago Journal of International Law
Volume 5, Number 1, Summer 2004 p.325

Hate Speech, Freedom, Rights and Political Cultures: An Analysis of Anti-Vilification Law in the Context of Traditional Freedom of Speech Values and an Emerging International Standard of Human Rights
Marcus O’Donnell
UTS Law Review
Volume 5, 2003

[2003] UTSLR 2; (2003) University of Technology Law Review 23

Elements of Constitutionalization: Multilevel Structures of Human Rights Protection in General International and WTO-Law
Frank Schorkopf and Christian Walter
German Law Journal
Volume 4, Number 12, December 2003 p.1359-1374

Hurdles and pitfalls in International human rights law : The ratification process of the ProLaw Journal / Law Reviewol to the African Charter on the Establishment of the African Court on Human and Peoples? Rights
Professor N Barney Pityana
South African Yearbook of International Law
Volume 28, 2003 p.110

DISCREDITING HUMAN RIGHTS ABUSE AS AN “ACT OF STATE”: A CASE STUDY ON THE REPRESSION OF THE FALUN GONG IN CHINA AND COMMENTARY ON INTERNATIONAL HUMAN RIGHTS LAW IN U.S. COURTS
Mark J. Leavy
Rutgers Law Journal
Volume 35, Number 2, Winter 2004 p.749

Human Rights and Sexual Abuse: The Impact of International Human Rights Law on Japan
Keisuke Iida
Human Rights Quarterly
Volume 26, Number 2, 2004 p.428

Judicial Discretion and Human Rights: Expanding the Role of International Law in the Domestic Sphere
Wendy Lacey
Melbourne Journal of International Law
Volume 5, Number 1, May 2004 p.108

Chief Justice Nicholson, Australian Family Law and International Human Rights
The Hon Justice Michael Kirby
Melbourne Journal of International Law
Volume 5, Number 1, May 2004 p.220

Review: International Human Rights and Islamic Law
Abdullahi An-Na’im
European Journal of International law
Volume 15, Number 2, April 2004 p.400-404

Researching and Understanding International Human Rights Law
Fiona de Londras
Independent Law Review
Volume 1, Issue 3, May/June 2004 p.79

INTERNATIONAL HUMAN RIGHTS AND INDIGENOUS PEOPLES: THE MOVE TOWARD THE MULTICULTURAL STATE
S. James Anaya
Arizona Journal of International and Comparative Law
Volume 21, Number 1, Spring 2004 p.13

Today, indigenous peoples are identified, and identify themselves, by reference to identities that pre-date historical encroachments by other groups and the ensuing histories that have challenged their cultural survival and self-determination as distinct peoples. The subsequent articles in this volume focus on the situations of particular indigenous groups. Written by legal experts who are members of the indigenous peoples they discuss, these articles tell of the continuing vitality and the struggles of the peoples of the Chittagong Hill Tracts in Bangladesh, the Maya of Guatemala, the Maasai of Kenya and Tanzania, the Saami of the European Far North, and the indigenous peoples of the Philippines. Numerous processes in the international system have focused on the common set of problems that are central to the demands of indigenous groups, such that there are discernible patterns of response and normative understandings associated with the rubric of indigenous peoples. These international processes now reveal a contemporary body of international human rights law on the subject. This Article sets forth the broad contours, and many of the sources of the international human rights regime, as it concerns indigenous peoples. It demonstrates that this regime advances a multicultural model of political ordering and incorporation of indigenous peoples into the fabric of the state. Under this model, indigenous peoples are able to join others in the states in which they live on the basis of equality – in terms of cultural identity and not just individual citizenship. Indigenous peoples are not to be forced or pressured to assimilate and thus, lose their distinctive cultural attributes to dominant cultural patterns. Rather, the terms of integration of indigenous peoples into the social and political orders of states must allow them to continue to live with their cultures intact. For indigenous peoples, such cultural integrity means the continuation of a range of cultural patterns; these patterns include those that establish rights to lands and natural resources and are embodied in indigenous customary law and institutions that regulate indigenous societies.

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