2003
DOI: 10.1017/cbo9780511491467
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European Conquest and the Rights of Indigenous Peoples

Abstract: Paul Keal examines the historical role of international law and political theory in justifying the dispossession of indigenous peoples as part of the expansion of international society. He argues that, paradoxically, law and political theory can now underpin the recovery of indigenous rights. At the heart of contemporary struggles is the core right of self-determination, and Keal argues for recognition of indigenous peoples as 'peoples' with the right of self-determination in constitutional and international l… Show more

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Cited by 256 publications
(58 citation statements)
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“…The apparent influence of developed nations that this represents is worrying in the context of international power relationships. Historically, the dominance of the West has been justified with convincing rhetoric, irrespective of sad outcomes (Keal, 2003), and so the laudable aims of IWRM are not guarantees of positive outcomes.…”
Section: Resultsmentioning
confidence: 99%
“…The apparent influence of developed nations that this represents is worrying in the context of international power relationships. Historically, the dominance of the West has been justified with convincing rhetoric, irrespective of sad outcomes (Keal, 2003), and so the laudable aims of IWRM are not guarantees of positive outcomes.…”
Section: Resultsmentioning
confidence: 99%
“…The above arguments are but a sampling (and one can find plenty of other international jurists making similar arguments Anghie (2005:32–114) and Keal (2003:84–112), however they represented the jurisprudential consensus of the late nineteenth century asserting European exceptionalism in establishing a distinctive legal and political order promoting mutual independence and tolerance. According to the international jurists of the age of Empire, such as Wheaton, Hall, Westlake, Twiss, Lawrance, Oppenheim, Europe had formed a superior order composed of sovereign and secular states, an order significantly shaped by the Peace of Westphalia and the increasing number of treaties and conventions followed Westphalia, making international law, in essence “Westphalian.”…”
Section: The Construction Of the Westphalian Narrativementioning
confidence: 95%
“…While the English School sees international society as based on the principle of tolerance and coexistence, its relations with the outsiders had been driven by the belief in the superiority of European civilisation and the need to spread it by all means, including through force and colonisation (Keene 2002, Keal 2003. The relatively more successful latecomers internalised both patterns of order in world politics -toleration and civilisation (Keene 2002: 97-119).…”
Section: International Society and Its Undersidementioning
confidence: 99%