Download or read book Aboriginal Title and Indigenous Peoples written by Louis A. Knafla and published by UBC Press. This book was released on 2011-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.
Download or read book Recognizing Aboriginal Title written by Peter H. Russell and published by . This book was released on 2006 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: A judicial revolution occurred in 1992 when Australia's highest court discarded a doctrine that had stood for two hundred years, that the country was a terra nullius - a land of no one - when the white man arrived. The proceedings were known as the Mabo Case, named for Eddie Koiki Mabo, the Torres Strait Islander who fought the notion that the Australian Aboriginal people did not have a system of land ownership before European colonization. The case had international repercussions, especially on the four countries in which English-settlers are the dominant population: Australia, Canada, New Zealand, and the United States. In Recognizing Aboriginal Title, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of Indigenous peoples to overcome their colonized status. Russell weaves together an historical narrative of Mabo's life with an account of the legal and ideological premises of European imperialism and their eventual challenge by the global forces of decolonization. He traces the development of Australian law and policy in relation to Aborigines, and provides a detailed examination of the decade of litigation that led to the Mabo case. Mabo died at the age of fifty-six just five months before the case was settled. Although he had been exiled from his land over a dispute when he was a teenager, he was buried there as a hero. Recognizing Aboriginal Title is a work of enormous importance by a legal and constitutional scholar of international renown, written with a passion worthy of its subject - a man who fought hard for his people and won.
Download or read book Let Right Be Done written by Hamar Foster and published by UBC Press. This book was released on 2011-11-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1973 the Supreme Court of Canada issued a landmark decision in the Calder case, confirming that Aboriginal title constituted a right within Canadian law. Let Right Be Done examines the doctrine of Aboriginal title thirty years later and puts the Calder case in its legal, historical, and political context, both nationally and internationally. With its innovative blend of scholarly analysis and input from many of those intimately involved in the case, this book should be essential reading for anyone interested in Aboriginal law, treaty negotiations, and the history of the "BC Indian land question."
Download or read book Aboriginal Title written by P. G. McHugh and published by OUP Oxford. This book was released on 2011-08-18 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.
Download or read book Recognising Aboriginal Title written by Peter H. Russell and published by . This book was released on 2006 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of indigenous peoples to overcome colonized status. --book jacket.
Download or read book The Quest for Justice written by Menno Boldt and published by University of Toronto Press. This book was released on 1985-01-01 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: It contains some twenty-three papers from representatives of the aboriginal people's organizations, of governments, and of a variety of academic disciplines, along with introductions and an epilogue by the editors and appendices of the key constitutional documents from 1763.
Download or read book Flawed Precedent written by Kent McNeil and published by UBC Press. This book was released on 2019-06-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1888, the Judicial Committee of the Privy Council ruled in the St. Catherine’s case. This precedent-setting decision would define the legal contours of Aboriginal title in Canada for almost a hundred years. In Flawed Precedent, preeminent legal scholar Kent McNeil examines the trial and its context in detail, demonstrating how erroneous assumptions and prejudicial attitudes about Indigenous peoples and their land use influenced the case. He also discusses the effects the decision had on law and policy until the 1970s when its authority was finally questioned in Calder and in other key rulings. McNeil has written a compelling account of a landmark case that undermined Indigenous land rights for almost a century.
Download or read book Recognizing Aboriginal Title written by Peter H. Russell and published by University of Toronto Press. This book was released on 2005-12-15 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: A judicial revolution occurred in 1992 when Australia's highest court discarded a doctrine that had stood for two hundred years, that the country was a terra nullius – a land of no one – when the white man arrived. The proceedings were known as the Mabo Case, named for Eddie Koiki Mabo, the Torres Strait Islander who fought the notion that the Australian Aboriginal people did not have a system of land ownership before European colonization. The case had international repercussions, especially on the four countries in which English-settlers are the dominant population: Australia, Canada, New Zealand, and the United States. In Recognizing Aboriginal Title, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of Indigenous peoples to overcome their colonized status. Russell weaves together an historical narrative of Mabo's life with an account of the legal and ideological premises of European imperialism and their eventual challenge by the global forces of decolonization. He traces the development of Australian law and policy in relation to Aborigines, and provides a detailed examination of the decade of litigation that led to the Mabo case. Mabo died at the age of fifty-six just five months before the case was settled. Although he had been exiled from his land over a dispute when he was a teenager, he was buried there as a hero. Recognizing Aboriginal Title is a work of enormous importance by a legal and constitutional scholar of international renown, written with a passion worthy of its subject – a man who fought hard for his people and won.
Download or read book Empire and the Making of Native Title written by Bain Attwood and published by Cambridge University Press. This book was released on 2020-07-16 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a strikingly original explanation of the Britain's treatment of sovereignty and native title in its Australasian colonies.
Download or read book Coming to Terms written by Shaun Berg and published by Wakefield Press. This book was released on 2010 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coming to Terms challenges conventional thinking about Aboriginal title in South Australia. It does so by examining the legal consequences of provisions in the State's founding documents that reserve or protect Aboriginal rights to land.
Download or read book Discovering Indigenous Lands written by Robert J. Miller and published by OUP Oxford. This book was released on 2012-01-05 with total page 1396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents new material and shines fresh light on the under-explored historical and legal evidence about the use of the doctrine of discovery in Australia, Canada, New Zealand and the United States. North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. When Europeans set out to explore and exploit new lands in the fifteenth through to the twentieth centuries, they justified their sovereign and property claims over these territories and the indigenous peoples with the discovery doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and races of the world. The doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of indigenous peoples and gained political and commercial rights over the inhabitants. The English colonial governments and colonists in North America, New Zealand and Australia all utilised this doctrine, and still use it today to assert legal rights to indigenous lands and to assert control over indigenous peoples. Written by indigenous legal academics - an American Indian from the Eastern Shawnee Tribe, a New Zealand Maori (Ngati Rawkawa and Ngai Te Rangi), an Indigenous Australian, and a Cree (Neheyiwak) in the country now known as Canada, Discovering Indigenous Lands provides a unique insight into the insidious historical and contemporary application of the doctrine of discovery.
Download or read book First Nations Second Thoughts Second Edition written by Thomas Flanagan and published by McGill-Queen's Press - MQUP. This book was released on 2008 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last thirty years Canadian policy on aboriginal issues has come to be dominated by an ideology that sees aboriginal peoples as "nations" entitled to specific rights. Indians and Inuit now enjoy legal privileges that include the inherent right to self-government, collective property rights, immunity from taxation, hunting and fishing rights without legal limits, and free housing, education, and medical care. Underpinning these privileges is what Tom Flanagan describes as "aboriginal orthodoxy" - the belief that prior residence in North America is an entitlement to special treatment. Flanagan shows that this orthodoxy enriches a small elite of activists, politicians, administrators, and well-connected entrepreneurs, while bringing further misery to the very people it is supposed to help. Controversial and thought-provoking, First Nations? Second Thoughts dissects the prevailing ideology that determines public policy towards Canada's aboriginal peoples. In this updated edition, Flanagan analyzes the developments of the last ten years, showing how a conflict of visions has led to a stalemate in aboriginal policy-making. He concludes that aboriginal success will be achieved not as the result of public policy changes in government but through the actions of the people themselves.
Download or read book Honour Among Nations written by Marcia Langton and published by Academic Monographs. This book was released on 2004 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important collection emerges from the growing academic and public policy interest in the area of Indigenous peoples, treaties and agreements andndash; challenging readers to engage with the idea of treaty and agreement making in changing political and legal landscapes. Honour Among Nations? contains contributions from both Indigenous and non-Indigenous authors from Australia, New Zealand and North America including Marcia Langton, Gillian Triggs, Joe Williams, Paul Chartrand and Noel Pearson. It features a preface by Sir Anthony Mason. This book covers topics as diverse as treaty and agreement making in Australia, New Zealand and British Columbia; land, the law, political rights and Indigenous peoples; maritime agreements; health; governance and jurisdiction; race discrimination in Australia; the Timor Sea Treaty; copyright and intellectual property issues for Aboriginal and Torres Strait Islander authors. Honour Among Nations? makes a significant contribution to international debates on Indigenous peoples' rights, treaties and agreement making.
Download or read book The Trouble with Tradition written by Simon Young and published by Federation Press. This book was released on 2008 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a broad and detailed examination of the native title jurisprudence in the US, Canada, New Zealand and Australia, with a specific focus on the handling of Indigenous community changes in each country's case law.
Download or read book Aboriginal Rights Claims and the Making and Remaking of History written by Arthur J. Ray and published by McGill-Queen's Press - MQUP. This book was released on 2016-06-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forums such as commissions, courtroom trials, and tribunals that have been established through the second half of the twentieth century to address aboriginal land claims have consequently created a particular way of presenting aboriginal, colonial, and national histories. The history that emerges from these land-claims processes is often criticized for being “presentist” – inaccurately interpreting historical actions and actors through the lens of present-day values, practices, and concerns. In Aboriginal Rights Claims and the Making and Remaking of History, Arthur Ray examines how claims-oriented research is often fitted to the existing frames of indigenous rights law and claims legislation and, as a result, has influenced the development of these laws and legislation. Through a comparative study encompassing the United States, Canada, South Africa, Australia and New Zealand, Ray also explores the ways in which various procedures and settings for claims adjudication have influenced and changed the use of historical evidence, made space for indigenous voices, stimulated scholarly debates about the cultural and historical experiences of indigenous peoples at the time of initial European contact and afterward, and have provoked reactions from politicians and scholars. While giving serious consideration to the flaws and strengths of presentist histories, Aboriginal Rights Claims and the Making and Remaking of History provides communities with essential information on how history is used and how methods are adapted and changed.
Download or read book Property Rights Indigenous People and the Developing World written by David Lea and published by BRILL. This book was released on 2008 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work offers an analysis of the Western formal system of private property and its moral justification and explains the relevance of the institution to particular current issues that face aboriginal peoples and the developing world. The subjects under study include broadly: aboriginal land claims; third world development; intellectual property rights and the relatively recent TRIPs agreement (Trade related Aspects of Intellectual Property Rights). Within these broad areas we highlight the following concerns: the maintenance of cultural integrity; group autonomy; economic benefit; access to health care; biodiversity; biopiracy and even the independence of the recently emerged third world nation states. Despite certain apparent advantages from embracing the Western institution of private ownership, the text explains that the Western institution of private property is undergoing a fundamental redefinition through the expansion.
Download or read book Australian Native Title Anthropology written by Kingsley Palmer and published by ANU Press. This book was released on 2018-05-03 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Australian Federal Native Title Act 1993 marked a revolution in the recognition of the rights of Australia’s Indigenous peoples. The legislation established a means whereby Indigenous Australians could make application to the Federal Court for the recognition of their rights to traditional country. The fiction that Australia was terra nullius (or ‘void country’), which had prevailed since European settlement, was overturned. The ensuing legal cases, mediated resolutions and agreements made within the terms of the Native Title Act quickly proved the importance of having sound, scholarly and well-researched anthropology conducted with claimants so that the fundamentals of the claims made could be properly established. In turn, this meant that those opposing the claims would also benefit from anthropological expertise. This is a book about the practical aspects of anthropology that are relevant to the exercise of the discipline within the native title context. The engagement of anthropology with legal process, determined by federal legislation, raises significant practical as well as ethical issues that are explored in this book. It will be of interest to all involved in the native title process, including anthropologists and other researchers, lawyers and judges, as well as those who manage the claim process. It will also be relevant to all who seek to explore the role of anthropology in relation to Indigenous rights, legislation and the state.
