ABSTRACT
Several attempts have been made in placing a theoretical frame around individual, group-based and collective legal regimes, partly concerning indigenous peoples. In an attempt to categorise such approaches, some streams are identified including so-called ‘third wayers’, ‘dichotomists’, ‘pre-conditionalists’ and ‘dual standing’ proponents. Based on such existing paradigms a ‘third perspective’ is proposed trying to identify reconciliation of individual or group-based and collective rights regimes by means of transcending, absolute rights such as peremptory or jus cogens norms. The right to self-determination serves as an example to show a form of spill-over, cumulative or multiplying effect between encounters of legal frameworks.
