The Rights of Peoples (In Particular Indigenous Peoples)

Abstract

Abstract One of the earliest tensions in classical international law is between the territorial sovereignty of governments and the status of individuals and groups as beneficiaries of human rights. As the emphasis on natural law rights was superseded by the mid-nineteenth century by a stress upon the consent of governments, the tension tended to be resolved in favour of the State. To some extent, the growth of an international human rights law in recent decades has challenged this deference to governmental supremacy. Since World War II there has been a steady growth of legal standards applicable to governmental conduct toward its own permanent residents, whether citizens or not, and a clamour by human rights organizations and by an array of international organs for their implementation.

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