A Contractual Approach to Indigenous Self-Determination in Aotearoa/New Zealand
Bibliographic record
Abstract
The contemporary realities of international law and politics are such that if Indigenous Peoples are to peacefully and effectively realise self-determination, they will most likely have to exercise it within existing State structures and orders.This requires (re)establishing and (re)orienting Indigenous-State relations away from policies of assimilation and integration, and towards a partnered process of "belated State-building."'To this aim, an international legal right of self-determination for Indigenous Peoples would provide a politico-legal mechanism that legitimately advances Indigenous self-determination at the international level. 2 Another significant step would be to establish, at f Solicitor, Bell Gully, Barristers & Solicitors, Wellington, New Zealand.1.The phrase "belated State-building" is adopted from Erica-Irene A. Daes, Some Considerations on the Right of Indigenous Peoples to Self-Determination, 3 TRANSNAT'L L. & CONTEMP.PROBS. 1, 9 (1993)."With few exceptions, Indigenous Peoples were never a part of State-building.They did not have an opportunity to participate in designing the modern constitution of the States in which they live, or to share, in any meaningful way, in national decision-making .... Whatever the reason, [by law, force, language, poverty, or prejudice,] Indigenous Peoples in most countries have never been, and are not now, full partners in the political process, and lack others' ability to use democratic means to defend their fundamental rights."Id. at 8-9.Accordingly, the concept and process of "belated State-building" seeks to right such historical injustices by imposing obligations on States to accommodate Indigenous Peoples through constitutional means in order to share power democratically.The approach of "belated State-building" (and that of contractualism) in this paper may be contrasted with more radical approaches to self-determination (e.g., secession and independence) that are disruptive to the existing "fabric" of the international order of States.Id. at 9. For useful overviews and analyses of more radical approaches to self-determination, see ALLEN BUCHANAN, SECESSION: THE MORAL-
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.004 | 0.004 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.012 | 0.026 |
| Scholarly communication | 0.008 | 0.004 |
| Open science | 0.002 | 0.004 |
| Research integrity | 0.002 | 0.004 |
| Insufficient payload (model declined to judge) | 0.007 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".