| Summary: | 碩士 === 國立臺灣大學 === 科際整合法律學研究所 === 104 === Along with the accumulating studies on the human rights of indigenous people, it is widely recognized that “collective right” being a basic character of them. Accordingly, the human rights of indigenous people have become a popular theme of academic research. However, even with the two long standing approaches in the indigenous movement in Taiwan, the pan-indigenism and the tribalism, the view of the latter has hardly been shown in the existing law studies. Further, even if some studies concerning self-determination and self-government of indigenous people does focus on “ethnicity”, they don’t go further to discuss “tribe”, while the majority of law studies still take the view of pan-indigenism.
This study believes that, instead of taking the view of pan-indigenism or that of a single ethnical group, tribe should be the subject of our analysis, since it is the basic unit of any indigenous group where rights are practiced. Therefore, this study focuses on the self-determination of indigenous people in Taiwan. In order to go beyond the traditional approaches, this study takes the position of legal pluralism, combining it with the existing materials of anthropology studies in Taiwan. The analysis focuses on the overlapping, the penetration and the mechanism of international law, domestic law and tribal law, and it further discusses the possibility of self-determination of tribes, and how the state suppresses such possibility.
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