Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Means Of Extinguishment

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

While the practice of extinguishment was predominant at the time of colonization, this chapter suggests that States have not rejected this practice in their contemporary approach to indigenous peoples' territorial rights. It examines the cases in which international law established that indigenous peoples might have exercised some form of territorial rights, but that such rights have been extinguished either by colonial treaties or through national legislations. The chapter is divided into two different sections. The first section explores how the establishment of colonial treaties between States and indigenous peoples resulted in the extinguishment of indigenous peoples' land rights, and how, through these treaties, international law has provided resources to justify the extinguishment of indigenous territorial sovereignty over their own lands. The second section addresses the issue of extinguishment of indigenous title to territory through national laws and domestic case law using reference to international law.

Keywords: colonization; domestic case law; indigenous peoples; indigenous territorial sovereignty; international law



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Indigenous Peoples' Land Rights under International Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation