Download or read book Australian Aboriginal Studies written by and published by . This book was released on 2005 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Download or read book Indigenous Peoples and Autonomy written by Mario Blaser and published by UBC Press. This book was released on 2011-01-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The passage of the UN Declaration on the Rights of Indigenous Peoples in 2007 focused attention on the ways in which Indigenous peoples are adapting to the pressures of globalization and development. This volume extends the discussion by presenting case studies from around the world that explore how Indigenous peoples are engaging with and challenging globalization and Western views of autonomy. Taken together, these insightful studies reveal that concepts such as globalization and autonomy neither encapsulate nor explain Indigenous peoples' experiences.

Download or read book Decolonising Indigenous Child Welfare written by Terri Libesman and published by Routledge. This book was released on 2013-12-04 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past decade, a remarkable transference of responsibility to Indigenous children’s organisation has taken place in many parts of Australia, Canada, the USA and New Zealand. It has been influenced by Indigenous peoples’ human rights advocacy at national and international levels, by claims to self-determination and by the globalisation of Indigenous children’s organisations. Thus far, this reform has taken place with little attention from academic and non-Indigenous communities; now, Decolonising Indigenous Child Welfare: Comparative Perspectives considers these developments and, evaluating law reform with respect to Indigenous child welfare, asks whether the pluralisation of responses to their welfare and well-being, within a cross-cultural post-colonial context, can improve the lives of Indigenous children. The legislative frameworks for the delivery of child welfare services to Indigenous children are assessed in terms of the degree of self-determination which they afford Indigenous communities. The book draws upon interdisciplinary research and the author’s experience collaborating with the peak Australian Indigenous children’s organisation for over a decade to provide a thorough examination of this international issue. Dr Terri Libesman is a Senior Lecturer in the Law Faculty, at the University of Technology Sydney. She has collaborated, researched and published for over a decade with the peak Australian Indigenous children’s organisation.

Download or read book Indigenous Governance of Traditional Knowledge written by Neva Collings and published by Taylor & Francis. This book was released on 2023-08-17 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the issue of Indigenous peoples' participation in genetic resource access and benefit-sharing and associated traditional knowledge for self-determination. Genetic resources from nature are increasingly used in global biodiscovery research and development, but they often use Indigenous peoples’ traditional knowledge without their consent and without sharing the benefit. The Nagoya Protocol is an instrument of the Convention on Biological Diversity intended to ensure Indigenous peoples’ traditional knowledge is used with their prior and informed consent or approval and entails benefit-sharing on mutually agreed terms. Many countries with significant Indigenous populations have signed the Nagoya Protocol and are currently grappling with implementation of its provisions. This book takes up a case study of Australia to demonstrate how Indigenous community governance in settler states can serve as a path to implementing the Nagoya Protocol. Australia’s access and benefitsharing framework is globally hailed as best practice, offering lessons for other countries implementing the Nagoya Protocol. Focusing on two Indigenous community organisations in Australia, the book establishes a unique evaluative framework for analysing and differentiating the governance arrangements used by Indigenous communities for facilitating decision-making related to traditional knowledge. This book will appeal to scholars working in the areas of international environmental law, human rights, biotechnology law, and Indigenous legal issues; as well as those directly engaged in implementing access and benefit-sharing measures and developing law reform strategies.

Download or read book Indigenous Australians and the Law written by Martin Hinton and published by Routledge. This book was released on 2008-04-16 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together a well-respected team of commentators, many of them indigenous Australians themselves, this revised and updated edition examines the legal, social and political developments that have taken place in Australia since the publication of the last edition. Providing students with a greater understanding of the issues facing Indigenous Australians in the hope of contributing to reconciliation, the authors explore a broad range of developments, including: human rights and reconciliation in contemporary Australia; the demise of ATSIC; issues of indigenous governance and water rights. Giving readers an incisive account of the resounding impact of social, political and legal conditions upon the Indigenous people of Australia and their interaction with and recourse to the law, this book is an excellent resource for those interested in the law of a coloniser or conqueror and its lasting impact upon first nations.

Download or read book Developing Restorative Justice Jurisprudence written by Tony Foley and published by Routledge. This book was released on 2016-04-22 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the requirements for a just response to criminal wrongdoing? Drawing on comparative and empirical analysis of existing models of global practice, this book offers an approach aimed at restricting the current limitations of criminal justice process and addressing the current deficiencies. Putting restoration squarely alongside other aims of justice responses, the author argues that only when restorative questions are taken into account can institutional responses be truly said to be just. Using the three primary jurisdictions of Australia, New Zealand and Canada, the book presents the leading examples of restorative justice practices incorporated in mainstream criminal justice systems from around the world. In conclusion, the work provides a fresh insight into how today’s criminal law might develop in order to bring restoration directly into the mix for tomorrow. This book will be of interest to undergraduates, postgraduate researchers and lecturers, as well as lawyers who work in the field of criminal law, criminologists, social scientists and philosophers interested in ideas of wrongdoing and criminal justice responses to criminal offending.

Download or read book The Responsive Judge written by Tania Sourdin and published by Springer. This book was released on 2018-07-06 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the changing role of judges in courts, tribunals, and other forums across a variety of jurisdictions. With contributions by international experts in judicial administration and senior judicial figures, it provides a unique comparative perspective on the role of modern judges in a rapidly evolving environment and the pressures of effective judicial administration. The chapters are sourced from a Collaborative Research Network focused on innovations in judging, and sponsored by the international Law and Society Association. The book provides essential insights and perspectives for judges, judicial officers, and administrators, allowing them to respond to the challenges of the twenty-first century. It is also a valuable resource for legal practitioners and judicial experts, shedding light on the role of the modern judge and the strategies they employ.

Download or read book Who is an Indian written by Maxmillian C. Forte and published by University of Toronto Press. This book was released on 2014-01-31 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who is an Indian? This is possibly the oldest question facing Indigenous peoples across the Americas, and one with significant implications for decisions relating to resource distribution, conflicts over who gets to live where and for how long, and clashing principles of governance and law. For centuries, the dominant views on this issue have been strongly shaped by ideas of both race and place. But just as important, who is permitted to ask, and answer this question? This collection examines the changing roles of race and place in the politics of defining Indigenous identities in the Americas. Drawing on case studies of Indigenous communities across North America, the Caribbean, Central America, and South America, it is a rare volume to compare Indigenous experience throughout the western hemisphere. The contributors question the vocabulary, legal mechanisms, and applications of science in constructing the identities of Indigenous populations, and consider ideas of nation, land, and tradition in moving indigeneity beyond race.

Download or read book Indigenous Cultural Heritage and Intellectual Property Rights written by Jessica Christine Lai and published by Springer Science & Business Media. This book was released on 2014-01-08 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.

Download or read book Indigenous Legal Traditions written by Law Commission of Canada and published by UBC Press. This book was released on 2008 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Download or read book Dry Times written by Mark Stafford Smith and published by CSIRO PUBLISHING. This book was released on 2009-12-03 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: With knowledge from our deserts, Australians can reshape the human story. Dry Times: Blueprint for a Red Land provides new insights into how our desert environments and institutions work – and how this affects the people living in them, Aboriginal and non-Aboriginal alike. It shows that the desert offers solutions to the challenges of living in an uncertain and threatening age, teaching us new ways to live, manage scarce resources, and cope with climatic extremes, isolation and lack of water and energy. These lessons apply not only to remote regions, but also to cities and entire nations as humanity faces growing scarcity of vital resources. With vivid examples drawn from Australia's desert life, outback people, animals and plants, Dry Times holds many positive lessons for our nation and humanity in a changing and resource-depleted world.

Download or read book Trapped by History written by Darryl Cronin and published by Rowman & Littlefield. This book was released on 2021-04-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Australian nation has reached an impasse in Indigenous policy and practice and fresh strategies and perspectives are required. Trapped by History highlights a fundamental issue that the Australian nation must confront to develop a genuine relationship with Indigenous Australians. The existing relationship between Indigenous people and the Australian state was constructed on the myth of an empty land – terra nullius. Interactions with Indigenous people have been constrained by eighteenth-century assumptions and beliefs that Indigenous people did not have organised societies, had neither land ownership nor a recognisable form of sovereignty, and that they were ‘savage’ but could be ‘civilized’ through the erasure of their culture. These incorrect assumptions and beliefs are the foundation of the legal, constitutional and political treatment of Indigenous Australians over the course of the country’s history. They remain ingrained in governmental institutions, Indigenous policy making, judicial decision making and contemporary public attitudes about Indigenous people. Trapped by History shines new light upon historical and contemporary examples where Indigenous people have attempted to engage and dialogue with state and federal governments. These governments have responded by trying to suppress and discredit Indigenous rights, culture and identities and impose assimilationist policies. In doing so they have rejected or ignored Indigenous attempts at dialogue and partnership. Other settler countries such as New Zealand, Canada and the United States of America have all negotiated treaties with Indigenous people and have developed constitutional ways of engaging cross culturally. In Australia, the limited recognition that Indigenous people have achieved to date shows that the state is unable to resolve long standing issues with Indigenous people. Movement beyond the current colonial relationship with Indigenous Australians requires a genuine dialogue to not only examine the legal and intellectual framework that constrains Indigenous recognition but to create new foundations for a renewed relationship based on intercultural negotiation, mutual respect, sharing and mutual responsibility. This must involve building a shared understanding around addressing past injustices and creating a shared vision for how Indigenous people and other Australians will associate politically in the future.

Download or read book Indigenous Peoples Consent and Rights written by Stephen Young and published by Routledge. This book was released on 2019-11-19 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigenous peoples’ consent before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations (NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law – but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples’ rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples’ rights. Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.

Download or read book A First Nations Voice in the Australian Constitution written by Shireen Morris and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the legal and political case for Indigenous constitutional recognition through a constitutionally guaranteed First Nations voice, as advocated by the historic Uluru Statement from the Heart. It argues that a constitutional amendment to empower Indigenous peoples with a fairer say in laws and policies made about them and their rights, is both constitutionally congruent and politically achievable. A First Nations voice is deeply in keeping with the culture, design and philosophy of Australia's federal Constitution, as well as the long history of Indigenous advocacy for greater empowerment and self-determination in their affairs. Morris explores the historical, political, theoretical and international contexts underpinning the contemporary debate, before delving into the constitutional detail to craft a compelling case for change.

Download or read book Community Futures Legal Architecture written by Marcia Langton and published by Routledge. This book was released on 2012-05-31 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are indigenous and local people faring in their dealings with mining and related industries in the first part of the 21st century? The unifying experience in all the resource-rich states covered in the book is the social and economic disadvantage experienced by indigenous peoples and local communities, paradoxically surrounded by wealth-producing projects. Another critical commonality is the role of law. Where the imposition of statutory regulation is likely to result in conflict with local people, some large modern corporations have shown a preference for alternatives to repressive measures and expensive litigation. Ensuring that local people benefit economically is now a core goal for those companies that seek a social licence to operate to secure these resources. There is almost universal agreement that the best use of the financial and other benefits that flow to indigenous and local people from these projects is investment in the economic participation, education and health of present generations and accumulation of wealth for future generations. There is much hanging on the success of these strategies: it is often asserted that they will result in dramatic improvements in the status of indigenous and local communities. What happens in practice is fascinating, as the contributors to this book explain in case studies and analysis of legal and economic problems and solutions.

Download or read book Neoliberal Indigenous Policy written by Elizabeth Strakosch and published by Springer. This book was released on 2016-02-05 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines recent changes to Indigenous policy in English-speaking settler states, and locates them within the broader shift from social to neo-liberal framings of citizen-state relations via a case study of Australian federal policy between 2000 and 2007.