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Book ReviewsIan Brownlie , Treaties and Indigenous Peoples, edited by
F.M. Brookfield, Oxford, Clarendon Press (1992) pp. XIII-105 This book is an edited version of the Robb Lectures that Professor
Brownlie delivered in 1990 at The University of Auckland in the
sesquicentennial year of the establishment of New Zealand. As a British colony
after the making of the Treaty of Waitangi of 1840. The book essentially
revolves around the Treaty which was made by the Queen of England and the
Confederation of chiefs and subtribes of New Zealand. The treaty on the one
hand have the Queen complete government over the land of the chiefs and
subtribes and the right to purchase land at an agreed price; on the other hand,
provided for the duty of the Queen both to protect the unqualified exercise, by
the chiefs, 'of their chieftainship over their lands, villages and all their
treasures' and to protect ' all the ordinary people of New Zealand' and grant
them the 'same rights and duties as the people of England'. As the Treaty to a large extent was about the recognition of group
rights within a colonial framework its examination gives the distinguished
international lawyer an opportunity to dwell upon such important or
topical matters as standard models of colonization and settlement (pp. 3-4)
group rights (pp. 29-45), protection of minorities (pp. 46-47),
self-determination of peoples (pp. 29 54). protection of indigenous peoples
(pp. 55-72). Admittedly the subject of this book may not be of direct and immediate
interest to some international lawyers. However, it should not be neglected
that Brownlie looks at the Waitangi Treaty in its general context, namely
within the framework of International law and human right standards. As a
result, his comments on the New Zealand situation are interspersed with
judicious and penetrating remarks concerning the general matters referred to
above: there, Brownlie takes up and elaborates upon some of his previous
writings, chiefly his Principles of Public International Law Antonio Cassese European University Institute, Florence
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