04/02/2020
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[159] 177 Phil. 160, 178-179 (1979).
[160] 2 S.C.R. 217 (1998).
[161] 999 U.N.T.S. 171 (March 23, 1976).
[162] 993 U.N.T.S. 3 (January 3, 1976).
[163] League of Nations Official Journal, Special Supp. No. 3 (October 1920).
[164] Lorie M. Graham, RESOLVING INDIGENOUS CLAIMS TO SELF-DETERMINATION,
10 ILSA J. Int'l & Comp. L. 385 (2004). Vide S. James Anaya, SUPERPOWER
ATTITUDES TOWARD INDIGENOUS PEOPLES AND GROUP RIGHTS, 93 Am. Soc'y
Int'l L. Proc. 251 (1999): "In general, the term indigenous is used in association with
groups that maintain a continuity of cultural identity with historical communities that
suffered some form of colonial invasion, and that by virtue of that continuity of
cultural identity continue to distinguish themselves from others."
[165] Catherine
J. Iorns, INDIGENOUS PEOPLES AND SELF DETERMINATION:
CHALLENGING STATE SOVEREIGNTY, 24 Case W. Res. J. Int'l L. 199 (1992).
[166] Federico Lenzerini, "SOVEREIGNTY REVISITED: INTERNATIONAL LAW AND
PARALLEL SOVEREIGNTY OF INDIGENOUS PEOPLES," 42 Tex. Int'l L.J. 155 (2006).
Vide Christopher J. Fromherz, INDIGENOUS PEOPLES' COURTS: EGALITARIAN
JURIDICAL PLURALISM, SELF-DETERMINATION, AND THE UNITED NATIONS
DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES, 156 U. Pa. L. Rev. 1341
(2008): "While Australia and the United States made much of the distinction
between `self-government' and `self-determination' on September 13, 2007, the
U.S. statement to the UN on May 17, 2004, seems to use these two concepts
interchangeably. And, indeed, under the DRIP [Declaration on the Rights of
Indigenous Peoples], all three terms should be considered virtually synonymous.
Self-determination under the DRIP means `internal self-determination' when read in
conjunction with Article 46, and `self-government,' articulated in Article 4, is the
core of the `self-determination.'"
[167]
DEFINING THE APPROACH AND ADMINISTRATIVE STRUCTURE
GOVERNMENT'S COMPREHENSIVE PEACE EFFORTS, September 15, 1993.
FOR
[168] 466 Phil. 482, 519-520 (2004).
[169] CONSTITUTION, Article VII, Sec. 18.
[170]
Kirsti Samuels, POST-CONFLICT PEACE-BUILDING AND CONSTITUTIONMAKING, 6 Chi. J. Int'l L. 663 (2006).
[171] Christine Bell, Peace Agreements: THEIR NATURE AND LEGAL STATUS, 100
Am. J. Int'l L. 373 (2006).
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