Open AccessThe problem of defining the concept of “indigenous peoples” in international and domestic law
Author(s) -
F.I. Nikitin,
AUTHOR_ID
Publication year - 2021
Publication title -
sibirskij ûridičeskij vestnik
Language(s) - English
Resource type - Journals
eISSN - 2071-8144
pISSN - 2071-8136
DOI - 10.26516/2071-8136.2021.4.135
Subject(s) - indigenous , ethnic group , coherence (philosophical gambling strategy) , state (computer science) , international law , political science , law and economics , law , sociology , computer science , mathematics , ecology , statistics , algorithm , biology
The article highlights the problem of defining the concept of «indigenous people» in international and domestic (local) law. It is found that the current practice of defining them still retains some difficulties due to the lack of a clear, unified and formally fixed definition of these peoples at universal legal level. Particular attention is given to the study of existing approaches to their definition used at domestic (local) level. A proposal is made that there is a necessity to rethink concept of defining «indigenous people». Authors in the research understand the recognition of these ethnic communities as autonomous subjects of international and domestic (local) law. Based on the data analysis, it was concluded that the current practice of defining indigenous peoples are highly variable greatly depending on the features of each state. At the same time, it still reveals a certain coherence based on historical and cultural assumptions.