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This occurrence is not offered in 2019
This course aims to give students a solid understanding of the international human rights law framework for the promotion and protection of Indigenous Rights.
This course is designed to give students a solid understanding of the international legal frameworks for the protection and promotion of Indigenous rights by introducing core legal instruments and institutions. In particular this course will focus on international human rights law, though presenting where appropriate frameworks from across a range of domestic jurisdictions including Aotearoa New Zealand inviting a comparative approach to the protection and promotion of Indigenous rights. This international subject matter will introduce students to a variety of historical and contemporary administrative, art, criminal, constitutional and property law issues which concern Indigenous Peoples. These cross jurisdictional and cross cutting issues will challenge students to think critically about the current transnational approach to Indigenous rights. Course materials and assessments will be drawn from a variety of primary and secondary sources including cases, commentary, legislation, popular media and other sources as appropriate.
A successful student will, by the end of the course, be able to:1. Comprehend and apply Indigenous rights and related concepts;2. Synthesise primary and secondary resources on Indigenous rights to create and present a legal opinion;3. Identify and explain Indigenous rights in selected Aotearoa New Zealand and international cases;4. Apply concepts of Indigenous rights to the New Zealand context; and5. Identify and analyses the main Indigenous rights issues common to different cases.
This course will provide students with an opportunity to develop the Graduate Attributes specified below:
Critically competent in a core academic discipline of their award
Students know and can critically evaluate and, where applicable, apply this knowledge to topics/issues within their majoring subject.
(i) LAWS101 and (ii) LAWS110. RP: LAWS322 International Human Rights Law
LAWS202-LAWS206. Students enrolled in other degrees, who do not have the specified prerequisites and corequisites, but have completed appropriate courses in another discipline, may apply to the Head of Department for a waiver.
LAWS322 International Human Rights Law
Shea Esterling
There are THREE occasions on which students' work in this course will be assessed. The final assessment will be confirmed in the first week of lectures.1. A group presentation. The group presentation will be worth 15% of the course grade. 2. A written assignment. The written assignment will count for 35% of the course grade. [We adhere to the NZ LAW Style Guide.] 3. A Three Hour open book final examination at the end of the course, date and time to be announced later by central university. The examination will count for 50% of the course grade.
Ahren, Mattias; Indigenous peoples' status in the international legal system ; First edition;
Allen, Steve,1968- , Allen, Steve, Xanthaki, Alexandra; Reflections on the UN Declaration on the Rights of Indigenous Peoples ; Hart, 2011.
Anaya, S. James; Indigenous peoples in international law ; 2nd ed; Oxford University Press, 2004.
Anaya, S. James; International human rights and indigenous peoples ; Aspen Publishers, 2009.
Barelli, Mauro; Seeking justice in international law : the significance and implications of the UN Declaration on the Rights of Indigenous Peoples ;
Charters, Claire. , Stavenhagen, Rodolfo; Making the Declaration work : the United Nations Declaration on the Rights of Indigenous Peoples ; IWGIA ;Distributors Transaction Publisher [and] Central Books, 2009.
Ivison, Duncan,1965- et al; Political theory and the rights of indigenous peoples ; Cambridge University Press, 2000.
Joffe, Paul. , Hartley, Jackie, Preston, Jennifer; Realizing the UN Declaration on the Rights of Indigenous Peoples : triumph, hope, and action ; Purich Pub, 2010.
Kymlicka, Will; Multicultural citizenship : a liberal theory of minority rights ; Clarendon Press ;Oxford University Press, 1995.
Pulitano, Elvira,1970- , Pulitano, Elvira, Trask, Mililani; Indigenous rights in the age of the UN declaration ; Cambridge University Press, 2012.
Saul, Ben; Indigenous peoples and human rights : international and regional jurisprudence ;
Xanthaki, Alexandra; Indigenous rights and United Nations standards : self-determination, culture and land ; Cambridge University Press, 2007.
Aside from selected readings from the above texts, other primary and secondary literature when selected will be made available on Learn.
Domestic fee $806.00
International fee $3,775.00
* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.
For further information see Faculty of Law .