Book Reviews S. James Anaya, Indigenous Peoples in International Law. New York, Oxford: Oxford University Press, 1996. Pp. xi, 253. Index. Indigenous peoples are often treated as a peripheral (and problematic) minority within their home states. Their perceived position under international law can be cased in similar terms. The struggle of indigenous peoples to counter the impact of colonization on their lives and to protect their rights has included efforts to harness international law to aid their domestic agendas. The resultant strategies have had a dynamic, though rarely recognized, impact on international law. Indigenous peoples have facilitated the development of a specific body of law surrounding indigenous issues and , in a broader context, changed procedures in international forums and helped to define the substantive content of international norms. For example, the UN Working Group of Indigenous Populations has developed, within the United Nations, a forum whose procedures are reflective of the cultural values of the indigenous peoples involved. The flexible procedures have created one of the few areas within the United Nations system where an international forum is open to individual participants. The situation of indigenous peoples also provides a good case study for the evaluation of the effectiveness and the shortcomings of the international human rights framework, both in substance and in practice. Anaya confronts these evolutions, tensions and phenomena in Indigenous Peoples in International Law. His concise text is meticulously footnoted and laced with succinct, pertinent examples. Part I is a historical account of the development of international law and its employment to justify the colonization and dispossession of indigenous peoples throughout the world. He also describes how the emergence of a human rights framework transformed international law. Part II describes the development of the norm of self-determination. Anaya eloquently discusses the different definitions given to the term and the implication of the adoption of each. He then links self-determination to other norms in the fabric of international human rights, arguing that these rights work together to give substance and flexibility to the notion of self-determination. Anaya clarifies the relationship of self-determination to decolonization, emphasizing the need to discern remedies from rights. Part III looks at the relationship between international law and domestic law on matters pertaining to rights of indigenous peoples. Anaya also presents a survey of the various monitoring and complaints procedures available to indigenous peoples within the human rights framework. The historical analysis and discussion of enforcement procedures (Parts I and III), though perhaps elementary to those working in the area, provide an excellent introductory synopsis of the position of indigenous peoples under international law. The major achievement of the book is Part II. Anaya's distillation of the complex debate surrounding the content of the right to self-determination has a clarity that is often missing in discussions of the term. Anaya's command of this area of jurisprudence is evident in his ability to understand the (continuing) complicity of international law in the colonization and dispossession of indigenous peoples whilst being able to celebrate the extent to which indigenous peoples have been able to harness international laws and gain access to international forums in order to advance their claims. He comprehends the enormity of the tasks accomplished by indigenous peoples as they have managed to utilize international law while understanding the limitations of the international system of rights. He understands that the glass is both half-full and half-empty. The experiences of indigenous peoples under international law can give insight into many broader aspects of international law: the application of and effectiveness of human rights instruments, the impact of international law on domestic law, the evolving nature of the notions of sovereignty and non-interference. Anaya's presentation of the history, continuing struggles and achievements of the indigenous rights movement is exemplary scholarship. Larissa Behrendt SJD Candidate Harvard Law School
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