Showing 1 - 2 of 2 Items

Date: 2021-01-01

Creator: Aine Healey Lawlor

Access: Open access

This paper seeks to evaluate the evolution and future of Indigenous rights in extractive industry on a global scale and uses the Arctic both to explore the complexity of these rights and to provide paths forward in advancing Indigenous self-determination. Indigenous rights lack a strong international foundation and are often dependent upon local and domestic regimes, yet this reality is currently shifting. The state of extraction internationally, particularly in the Arctic, is also facing major uncertainty in the coming decades as demand continues to rise. Indigenous rights and the rules governing extractive industry intersect because much of the world’s remaining mineral resources are on or near Indigenous territories and Indigenous communities are disproportionately impacted by the environmental degradation and socio-cultural consequences of extractive development. The Arctic is arguably the most important setting for the world’s future resource needs and is also home to many Indigenous peoples who operate in complex legal, political, and social webs. This paper argues that as a result of these dynamics, the Arctic offers opportunities to advance forms of non-traditional sovereignty and to promote recognition of Indigenous self-determination through diffusion and international norm development. This paper proposes a multi-faceted approach to further promote Indigenous rights on the international level which involves using the Arctic Council as a platform for diffusion, the US ratification of UNDRIP, the creation of standards and guidelines for transnational corporations in development projects, and investment in Indigenous communities to support Indigenous empowerment, advocacy, and voices.

Date: 2017-05-01

Creator: Marisa O'Toole

Access: Open access

Fifteen years into its operation as the preeminent international institution charged with the prosecution of the most serious international crimes, the International Criminal Court (ICC) has faced and continues to face intense backlash from the African continent. Once the Court’s most fervent advocates, many African leaders now lambast the ICC. In recent months, three African countries and the African Union en masse have attempted withdrawal from the Court, thus pushing the ICC-Africa relationship into the international spotlight as a topic of acute global interest. This paper seeks to explore the critiques behind this backlash through both a historical and present-day lens, as well as from the perspectives of African leaders, victims-locals, and civil society actors. In doing so, it investigates historical critiques of the ICTY and ICTR, concerns raised during the Rome Statute negotiations, current African leader perspectives as viewed through the case studies of Darfur, Kenya, Uganda, and the AU-ICC relationship, and present African victim-local and civil society opinions of the Court. By understanding the current and multi-faceted African opposition to the ICC and such criticisms’ historical roots, as well as the pockets of hope for the Court within Africa, this analysis reveals the ICC’s main challenges in its relationship with the African continent. With such hurdles unveiled, the ICC can pursue several strategies, located primarily on the state and individual levels, in its endeavor to address these important critiques and regain African support.