A Critical View of International Human Rights Law
from Part I - Amidst International Human Rights Law and Environmental Legal Landscapes
Published online by Cambridge University Press: 18 June 2026
The chapter responds to movements in international human rights law to articulate Indigenous rights to the environment. Specifically, the chapter draws upon critical Indigenous literature to identify Indigenous concerns regarding international human rights approaches. The analysis provides a brief background on prevailing international law approaches to Indigenous environmental rights, along with an overview of Indigenous critiques of international law for Indigenous peoples. The chapter extends the analysis to international human rights. The analysis reviews of jurisprudence in international law that extends international human rights to protect Indigenous rights to the environment. The analysis follows such review with a critique drawn from the commentaries of Indigenous scholars who view the existing international human rights system as being problematic for Indigenous peoples. The analysis finds that while international human rights law presents potential opportunities to protect Indigenous rights to environment, Indigenous critics still see human rights approaches as being problematic for Indigenous peoples.
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