TE PIRINGA FACULTY OF LAW
International Law – A place for Indigenous Rights
2014 Outline
1.
Identification of Paper
Paper: LAWS 569
This paper carries 30 points
2.
Staffing
Valmaine Toki
(Lecturer/Convenor)
Phone:
Room: G 72
email: valmaine@waikato.ac.nz
Availability: By appointment
3.
Description and Structure of Paper
(a) Description
The purpose of this paper is to focus on the historical and developing place within International
Law, and the United Nations, of the rights for Indigenous Peoples. The influence of the State on
this process together the coinciding Indigenous rights to development, environmental rights and
economic rights will be examined. The role and effect of the United Nations Declaration on the
Rights of Indigenous Peoples will be pivotal.
(b) Structure of the Paper
Lectures are on Wednesdays 11 – 1 pm in room S.G 02.
4.
Learning outcomes
The purpose of this paper is to focus on the evolving recognition of rights for Indigenous Peoples
in International Law through the raft of international instruments and international bodies. The
United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is the first International
instrument committed to recognising these rights. Tracing the passage of the UNDRIP highlights
the concerns States hold to providing an Indigenous right to land, resources and territories. A
review of case studies will highlight this tension and prompt support for a reporting mechanism
for States such as the inclusion of an Optional Protocol.
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Issues that are raised at the United Nations Permanent Forum on Indigenous Issues, will assist to
provide a special insight into the workings of the United Nations on contemporary and topical
indigenous issues. The UNDRIP will be pivotal to provide a benchmark in addressing the issues
raised.
The objectives and outcomes include:
•
The historical and contemporary background/significance of the Declaration on the Rights
of Indigenous People in recognising a place in International Law for Indigenous rights;
•
The changing position of the recent States who have endorsed the Declaration on the
Rights of Indigenous People;
•
Understanding how international Indigenous bodies such as the United Nations
Permanent Forum on Indigenous Issues, United Nations Expert Mechanism on the Rights of
Indigenous Peoples and the Special Rapporteur on the Rights of Indigenous Peoples can assist
particularly in light of the the interplay between these bodies and UN Agencies such as WIPO and
UNESCO;
At the conclusion of this course, students should be able to discuss how the United Nation system
can provide a platform for the recognition of Indigenous rights. An understanding of the articles in
the United Nations Declaration on the Rights of Indigenous Issues.
Intrinsic will be the ability to analyse how the framework of the United Nations Declaration on the
Rights of Indigenous Peoples can provide a recognition and realisation of the basic fundamental
human rights for Indigenous Peoples.
5.
Workload
Students should expect to spend 300 hours in total on this paper. In addition to lecture
attendance, significant time will need to be spent on background and complementary reading.
Students should allow for periods of more-focused research time in the preparation of
assignments and/or presentations.
6.
Required and Recommended Reading
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray &
Orpin, New Zealand Law Style Guide, Thomson Reuters (2009). This is available from Bennetts, at
an approximate price of $18.90.
The Law School requires that students purchase the course materials book(s) for this paper.
These are available from Waikato Print.
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Recommended Reading
S James Anaya Indigenous Peoples in International Law (Oxford University Press, Oxford, 2004).
Additional reading materials may be required this will be notified during the course.
Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the
University of Waikato’s online learning system. Any such material is provided on the following
terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site,
or has acquired the necessary licenses to display the material on the site. As a student of the Te
Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single
copy) the material from the papers in which you are enrolled for the purposes of participating in
the paper only, provided the information is not modified. Materials may not under any
circumstances be copied, stored, distributed or provided in any form or method whatsoever to
any third party. Any other use of the material is prohibited. None of the material may be
otherwise reproduced, reformatted, republished or re-disseminated in any manner or form
without the prior written consent of University of Waikato. To obtain such consent, please
contact the Te Piringa Faculty of Law.
7.
Online support
Online support for this paper is provided via Moodle.
8.
Assessment
Students will be expected to participate within class discussions and actively engage with the
lecturer and/or guest lecturer to share and/or faciltate their understanding of the course. It is
encouraged that students choose their research topic well in advance of their
presentation and ideally have some idea before attending the course.
The class presentation will provide the student with an ability to speak to their topic and
receive, from the class, helpful feedback and constructive critcism to assist the development
of their research proposal and research paper.
The research essay should accurately reflect the student’s ability to critically analyse and answer
the research question posed.
a)
Requirements for assessed work
School procedures for the presentation of course work are set out in the Te Piringa - Faculty of
Law Graduate and Postgraduate Handbook which is available from:
www.waikato.ac.nz/law/graduate.
See also paragraph 12 below on referencing guidelines and plagiarism.
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An assignment template document including coversheet is available on the Law Student
Homepage http://www.waikato.ac.nz/law/student
b)
Coursework: Final Examination Ratio: 100/0
c)
Assessment Components
Component
Percentage of overall mark
Attendance and participation
Research Proposal and presentation
Research Paper
10%
20%
70%
Due date
5 May
12 June
1. The Research Paper is the key assessment for this paper. Students are encouraged to
research topics relevant to those listed in the course outline to develop a general
understanding of the key research areas. However, if you prefer to develop a new or
different topic please discuss this with us.
2. The timetable for settling topics and completing the final written research paper follows
the assessment components as set out in the table above:
a. Research Proposal – 5 May.
Students must submit a first draft of the research proposal by Monday 5 May. The
research proposal should be 2,000 words in length and comprise:
(i) A Topic and Thesis Statement. This sets out in one or two paragraphs the topic you
intend to research. The statement should open with the questions and issues that
have stimulated your interest in the topic followed by an explanation of why these
questions merit the research in the way you propose. The statement should
include a tentative thesis statement in which you articulate the propositions upon
which your research paper is focused and any conclusions which you anticipate
may emerge from your research.
(ii) An Annotated Structural Outline: this comprises an annotated outline of the
structure of the proposed paper broken down into section headings. Under each
heading you should provide a short explanation of how this section of the paper
relates to the purpose of your research and your argument. Bear in mind the logic
of the argument you want to make in support of the conclusion you aim to draw in
answering your research questions.
(iii) An Annotated Bibliography: this comprises an interim bibliography annotating the
items of core literature that appear to be relevant to your topic.
(iv) In some circumstances, additional material will be required, e.g., a timetable for
the attainment of different objectives, a section on methodology, or an outline of
ethical issues.
b. Oral Presentation – during class on weeks 9, 10 and 11 of Semester A.
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Students must give a 30 minute oral presentation of their research paper. Each student
will be expected to discuss their topic, relevant issues, evidence, conclusions and
contrary arguments. A further 10 minutes will be allowed for questions from the class.
This question time will assist to strengthen the analysis for your research paper.
3. The word limit for the research paper is 10,000 words including footnotes but excluding
Bibliography or Appendices.
Please note the research paper is due shortly after the completion of the course, 12 June,
and it is strongly advised that students work consistently on their research paper through
the duration of the course to avoid incompletion, inadequate progress or penalties for late
submission.
d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz),
and include a coversheet. The coversheet template is provided on the Law Student Homepage
(http://www.waikato.ac.nz/law/student ). See Te Piringa - Faculty of Law Graduate and
Postgraduate Handbook, available at www.waikato.ac.nz/law/graduate. Where practical, it is the
policy of Te Piringa - Faculty of Law to return marked work to students within five weeks of
submission.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk.
You can send a message to Help Desk by using the instant message service in your paper’s
Moodle site (from the participants list within the People block). Alternatively, you can email them
directly at help@waikato.ac.nz or call 838 4008.
e)
Measurement of Achievement
Achievement in assignments and presentations will be measured in terms of levels of
understanding and knowledge gained, in terms of the originality and the sophistication of analysis
provided, in terms of coherent and logical structure, and in terms of the fluency and accuracy of
expression and referencing.
f)
Management of assessment deadlines, process for requesting extensions and special
consideration, and for appeals
i)
Extensions
Students are required to complete and submit all internal assessment by specified dates. The
meeting of deadlines is a mark of professionalism and its enforcement is essential for fairness to
all students taking the paper. Handing in course work on or before the due in date also facilitates
the timely return of marked work by academic staff. Students should meet requirements as to
time deadlines for course work, or make a request for an extension or special consideration in
appropriate circumstances (see Graduate Programmes Manual available from the School of Law
Graduate website http://www.waikato.ac.nz/law/graduate/.) Failure to comply with
requirements as to the time deadlines for internal assessment without having successfully applied
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either for an extension or special consideration with supporting evidence before the due date will
result in deduction of 2.5 marks for each day the work is late. Lateness of more than a week may
result in the work not being marked. No deadlines may be extended beyond two weeks after the
last teaching day of the semester(s) in which the paper is taught as final grades must go to the
Board of Examiners at this time. Unless an extension in writing has been granted, a lecturer may
refuse to accept a piece of work which is submitted after the specified date, and automatically
award it no mark, or may lower the mark as a penalty for lateness.
Applications for extension, on the form obtainable from the Resource Room, must be submitted
to the Convenor of the course. Extensions will be granted only on evidence of illness, family
bereavement, or serious personal accidents or circumstances. Please note that too many
assignments due at the same time is NOT an acceptable reason, neither are claims that
computers and/or printers have crashed). Account will be taken of the time in which the student
has had to complete the assessment before the supervening event occurred. It will be important
to consider if the grant of the extension will give the student in question an unfair advantage over
other students. A maximum period of 14 days will be given as an extension unless there are
exceptional circumstances. In determining applications the Convenor or lecturer of the relevant
paper may consult with the Chief Examiner or nominee.
ii)
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2012 list in detail the
university-wide policies and procedures, which apply concerning missed examinations, impaired
performance or impaired preparation time for an examination, and missed or impaired course
work. Students are responsible for ensuring that they comply with these regulations. Application
forms for special consideration for internal assessment are available from the Resource Room.
iii)
Appeals (University Calendar 2012, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with
supporting evidence if available, must be submitted by the student in writing to the Director of
Student & Academic Services not more than seven days after the date on which notification of the
relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by
delegated authority of the Academic Programmes Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
9.
University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2012:
Assessment Regulations 2005
Student Discipline Regulations 2008
Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
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Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10.
Links to other papers
LAWS 531 International Environmental Law;
LAWS 555 Indigenous Peoples and International Law;
LAWS 577 Human Rights Law.
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
Referencing guidelines and caution against plagiarism
(a)
Referencing must be in accordance with the New Zealand Law Style Guide.
(b)
All written work submitted for the purposes of assessment must be your own work.
Copying or paraphrasing all or part of another person’s work, be it published or
unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt
with under the disciplinary procedures of the University as outlined in the Student
Discipline Regulations 2008 in the University Calendar.
“Plagiarism means presenting as one’s own work the work of another, and includes
the copying or paraphrasing of another person’s work in an assessment item
without acknowledging it as the other person’s work through full and accurate
referencing; it applies to assessment presented through a written, spoken,
electronic, broadcasting, visual, performance or other medium.”
See section 3, Assessment Regulations (2012 Calendar)
Unless approved otherwise by the examiners of the papers concerned, a student must not submit
as assessment material that is substantially the same as material submitted as assessment for a
different paper.
(c)
The Te Piringa Faculty of Law’s policy regarding plagiarism is contained in the Te Piringa
Faculty of Law Graduate and Post-Graduate Handbook and the Te Piringa Faculty of Law
Graduate Programmes Manual, available from http://www.waikato.ac.nz/law/graduate/.
13.
Health and safety
Please refer to the Law School Office for the Law School’s Health and Safety representative.
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14.
Class representation
At the commencement of the semester, a class representative will be elected by the students in
Contemporary International Indigenous Issues. This representative is encouraged to communicate
regularly with the Convenor. Students in this paper are encouraged to liaise with their
representative to discuss issues of concern. Contact details for the Student Representation
Coordinator, Academic Services Division, are as follows: Samantha Whittle, Student Services, ext.
6264, CHSSG.25 email: student.reps@waikato.ac.nz
15.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process
for handling concerns and complaints and is available from Faculty and School Offices, The
Gateway and Student Services Division and is contained in the Calendar 2011. See also the
document Student Support Structure at Te Piringa Faculty of Law, available from the Resource
Room.
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Lecture Schedule
Lecture Date
Programme of lecture topics
5 March (Semester A starts)
Introductions - Background
12 March
Historical and International Context
19 March
Human Rights/Indigenous Rights
26 March
Indigenous Rights Instruments
2 April
UN EMRIP and UN Special Rapporteur
9 April
UNPFII
14 April
Teaching Recess
21 April
Teaching Recess
21, 22, 25 Easter Monday, Holiday, ANZAC
30 April
Case Studies
7 May
Case Studies
14 May
Presentations
21 May
Presentations
28 May
Presentations
4 June (2 June Queen’s Birthday)
Revision and Conclusions
9 June
Study Week
16 June
Examinations
23 June
Examinations
30 June
Teaching Recess
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18 April Good Friday
7 July
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Teaching Recess/Enrolment