In the last four decades Indigenous peoples have secured remarkable standard-setting and institution-building achievements on the international stage. The 2007 United Nations Declaration on the Rights of Indigenous Peoples provides a comprehensive articulation of the contours of international Indigenous peoples’ rights norms.
A collection of UN mechanisms have been established with an exclusive focus on advancing the position of Indigenous peoples: the UN Permanent Forum on Indigenous Issues, the UN Human Rights Council’s Expert Mechanism on the Rights of Indigenous Peoples and the UN Special Rapporteur on the rights of indigenous peoples. Indigenous peoples’ rights have been affirmed in the jurisprudence of the bodies that monitor compliance with the core UN human rights treaties and the regional human rights bodies. A host of specialised international agencies have also extended their attentions to Indigenous peoples, including the International Labour Organisation, the World Bank Group and the World Intellectual Property Organisation.
This course explores contemporary international law regarding Indigenous peoples and their rights through the various international institutions that make, promote and implement that law. It devotes especial attention to Indigenous peoples’ rights to self-determination, culture and lands and natural resources.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Demonstrate a specialised knowledge of the international norms pertaining to Indigenous Peoples’ rights;
- Be able to define, explain and critically reflect upon the central issues relating to the recognition, protection and enforcement of Indigenous Peoples’ rights through international law and international institutions;
- Demonstrate an appreciation for how Indigenous Peoples have engaged with the international system;
- Articulate independent views, informed by relevant scholarship, on a complex legal topic, including in a group setting;
- Plan and execute a scholarly reading journal with independence in order to produce a reflective writing journal; and
- Plan and execute complex legal research with independence in order to produce original scholarship.
Indicative Assessment
- Class participation (10) [LO 1,2,3,4,5,6]
- A reflective piece based on a reading journal (20) [LO 1,2,3,4,5,6]
- A research essay (5,000 words) (70) [LO 1,2,3,4,5,6]
The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
Workload
Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 26 hours of face to face teaching). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. Classes offered during semester periods are expected to have 3 contact hours per week.
Click here for the LLM Masters Program timetable.
Inherent Requirements
Not applicable
Requisite and Incompatibility
Prescribed Texts
The prescribed text for this course is S James Anaya, Indigenous Peoples in International Law (Oxford University Press, 2 ed, 2004).Preliminary Reading
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately 2 weeks prior to the commencement of the course.
An e-brick will be available on the Wattle course site.
Assumed Knowledge
Participants must have completed Principles of International Law (LAWS8182) or equivalent.Fees
Tuition fees are for the academic year indicated at the top of the page.
If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- 3
- Unit value:
- 6 units
If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2019 | $3840 |
- International fee paying students
| Year | Fee |
|---|---|
| 2019 | $5460 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
