Download or read book Aboriginal Peoples Colonialism and International Law written by Irene Watson and published by Routledge. This book was released on 2014-10-17 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.
Download or read book Indigenous Peoples as Subjects of International Law written by Irene Watson and published by Taylor & Francis. This book was released on 2017-07-14 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.
Download or read book Traditional National and International Law and Indigenous Communities written by Marianne O. Nielsen and published by University of Arizona Press. This book was released on 2020-05-05 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.
Download or read book Indigenous Peoples Land Rights under International Law written by Jérémie Gilbert and published by BRILL. This book was released on 2016-07-08 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements.
Download or read book International Law and Indigenous Peoples written by Joshua Castellino and published by BRILL. This book was released on 2005-03-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume highlights those instances in the work of international organizations where advances have been made concerning indigenous rights. It also devotes attention to the Permanent Forum on Indigenous Issues, to the Committee on the Elimination of Racial Discrimination, and to a number of thematic issues in the field. The human rights situations facing indigenous peoples in Australia, Bangladesh, Canada, India, Kenya, Mexico, Nicaragua, Nigeria and South Africa are dealt with in separate chapters.
Download or read book Indigenous peoples and human rights written by Patrick Thornberry and published by Manchester University Press. This book was released on 2013-07-19 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of the rights of indigenous peoples looks at the historical, cultural, and legal background to the position of indigenous peoples in different cultures, including America, Africa and Australia. It defines "indigenous peoples" and looks at their position in international law.
Download or read book The Rights of Indigenous Peoples in International Law written by University of Saskatchewan. Native Law Centre and published by [Saskatoon] : University of Saskatchewan, Native Law Centre. This book was released on 1987 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: Six essays in which specialists in international law examine indigenous peoples' right to self-determination from different perspectives, most of which were first presented at the International Conference on Aboriginal Rights and World Public Order organized by Carleton University and held in Ottawa in 1983. Where possible, updating information has been provided in editor's notes.
Download or read book Decolonizing Law written by Sujith Xavier and published by Routledge. This book was released on 2021-05-24 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.
Download or read book International Law and Indigenous Peoples written by S. James Anaya and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This title was first published in 2003. One of the most dynamic areas of international law today concerns the rights and status of indigenous peoples. Within the contemporary discourse of international law, the term indigenous is now commonly used in association with a particular class of culturally distinctive groups together with the problems they face; problems that are legacies of historical patterns of invasion and colonization. The essays in this volume have been assembled to promote understanding about the relation of international law to the claims and aspirations that indigenous peoples have posited in the international arena today."--Provided by publisher.
Download or read book Indigenous Peoples Postcolonialism and International Law written by Luis Rodríguez-Piñero and published by Oxford University Press, USA. This book was released on 2005 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the work of the International Labour Organisation (ILO) in developing the status of indigenous peoples in international law. Focussing on the creation and implementation of the two legally binding international instruments in the area, this book traces the political processes in the struggle of indigenous peoples for legal recognition.
Download or read book Indigenous Peoples in International Law written by S. James Anaya and published by Oxford University Press, USA. This book was released on 2004 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.
Download or read book Regaining Paradise Lost written by Mary Kristerie A. Baleva and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mary Kristerie A. Baleva's Regaining Paradise Lost: Indigenous Land Rights and Tourism uses the UN Guiding Principles on Business and Human Rights as its overarching legal framework to analyze the intersections of indigenous land rights and the tourism industry. Drawing from treatises, treaties, and case law, it traces the development of indigenous rights discourse from the Age of Discovery to the adoption of the UN Declaration on the Rights of Indigenous Peoples. The book highlights the Philippines, home to a rich diversity of indigenous peoples, and a country that considers tourism as an important contributor to economic development. It chronicles the Ati Community's 15-year struggle for recognition of their ancestral domains in Boracay Island, the region's premiere beach destination.
Download or read book Braiding Legal Orders written by John Borrows and published by McGill-Queen's Press - MQUP. This book was released on 2023-08-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Implementation in Canada of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a pivotal opportunity to explore the relationship between international law, Indigenous peoples' own laws, and Canada's constitutional narratives. Two significant statements by the current Liberal government - the May 2016 address by Indigenous Affairs Minister Carolyn Bennett to the Permanent Forum on Indigenous Issues at the United Nations and the September 2017 address to the United Nations by Prime Minister Justin Trudeau - have endorsed UNDRIP and committed Canada to implementing it as “a way forward” on the path to genuine nation-to-nation relationships with Indigenous peoples. In response, these essays engage with the legal, historical, political, and practical aspects of UNDRIP implementation. Written by Indigenous legal scholars and policy leaders, and guided by the metaphor of braiding international, domestic, and Indigenous laws into a strong, unified whole composed of distinct parts, the book makes visible the possibilities for reconciliation from different angles and under different lenses.
Download or read book Other People s Country written by Timothy Neale and published by Routledge. This book was released on 2018-02-02 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Other People’s Country thinks through the entangled objects of law – legislation, policies, institutions, treaties and so on – that ‘govern’ waters and that make bodies of water ‘lawful’ within settler colonial sites today. Informed by the theoretical interventions of cosmopolitics and political ecology, each opening up new approaches to questions of politics and ‘the political’, the chapters in this book locate these insights within material settler colonial ‘places’ rather than abstract structures of domination. A claim to water – whether by Indigenous peoples or settlers – is not simply a claim to a resource. It is a claim to knowledge and to the constitution of place and therefore, in the terms of Isabelle Stengers, to the continued constitution of the past, present and future of real worlds. Including contributions from the fields of anthropology, cultural studies, cultural geography, critical legal studies, and settler colonial studies, this collection not only engages with issues of law, water and entitlement in different national contexts – including Australia, Aotearoa/New Zealand, New Caledonia and the USA – but also from diverse disciplinary and institutional contexts. This book was originally published as a special issue of Settler Colonial Studies.
Download or read book Keeping Hold of Justice written by Jennifer Balint and published by University of Michigan Press. This book was released on 2020-02-17 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Keeping Hold of Justice focuses on a select range of encounters between law and colonialism from the early nineteenth century to the present. It emphasizes the nature of colonialism as a distinctively structural injustice, one which becomes entrenched in the social, political, legal, and discursive structures of societies and thereby continues to affect people’s lives in the present. It charts, in particular, the role of law in both enabling and sustaining colonial injustice and in recognizing and redressing it. In so doing, the book seeks to demonstrate the possibilities for structural justice that still exist despite the enduring legacies and harms of colonialism. It puts forward that these possibilities can be found through collaborative methodologies and practices, such as those informing this book, that actively bring together different disciplines, peoples, temporalities, laws and ways of knowing. They reveal law not only as a source of colonial harm but also as a potential means of keeping hold of justice.
Download or read book Aboriginal Peoples and the Law written by Jim Reynolds and published by Purich Books. This book was released on 2018-05-15 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. This book responds to that call, outlining significant legal developments in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand the relationship between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. He concludes that rather than leaving the judiciary to sort out essentially political issues, politicians need to take responsibility for this crucial aspect of building a just society.
Download or read book Indigenous Peoples and the Law written by Benjamin J Richardson and published by Bloomsbury Publishing. This book was released on 2009-03-18 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples. The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory. Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places.
