Download or read book Litigating Aboriginal Claims written by Pacific Business & Law Institute and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts written by Bertus de Villiers and published by BRILL. This book was released on 2021-08-30 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.
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 Aboriginal Land Claim Litigation written by Graham Hiley and published by . This book was released on 1989 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explanation of roles of participants in land claims and advice to participating lawyers.
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 Zuni and the Courts written by E. Richard Hart and published by . This book was released on 1995 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three decades ago-years after most tribes had filed land claims-the Zuni initiated legal battles related to aboriginal claims, rights, and use that few experts thought they could win. Yet by 1991 they had achieved three major victories. In the first case, the Zuni sued the United States seeking payment for aboriginal territorial lands taken without adequate compensation. In the second, also against the United States, the tribe sought compensation for environmental damages to Zuni trust lands caused by the U.S. Government and by private industry where the federal government should have provided protection. And in the third, the U.S. government sued a private rancher on the Zuni's behalf to establish an easement protecting an ancient religious trail. Providing a new overview of these cases and Zuni history, Richard Hart has gathered together essays written by many of those who testified for the Zuni-historians, archaeologists, anthropologists, and scientist-as well as commentary from the tribe's lawyers. The authors simplify the complex nature of the testimony, making it accessible to a wide audience. They cover such diverse but significant issues as Spanish law and land grants, tribal aboriginal title, the Navajo Wars, U.S. territorial policy, deforestation, erosion, geomorphology, dendrochronology, environmental history, anthropology, archaeology, education, folklore, oral history, and religion. Tying together current events with cultural and legal history, Zuni and the Courts provides not only expert observations on how and why the Zuni succeeded but offers insight into how similar cases can be fought and won.
Download or read book Advancing Aboriginal Claims written by University of Alberta. Centre for Constitutional Studies and published by Purich Publishing. This book was released on 2004 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada's Aboriginal peoples face many challenges - some legal, others rooted in traditional Aboriginal culture - as they advance their claims through negotiation or the courts. A looming question for Aboriginal groups seeking justice for their claims is how best to address these challenges in light of recent decisions of the Supreme Court of Canada involving Aboriginal issues. Can Canadian law and courts provide real justice for Aboriginal peoples? How can Aboriginal communities take advantage of the 1982 constitutional changes that offer protection to treaty and Aboriginal rights without compromising the texture of the relationships and responsibilities that constitute and give purpose to their ways of life? The eleven contributors to this collection present innovative ideas written from a variety of Aboriginal and non-Aboriginal perspectives, including those of Aboriginal women and Métis, on advancing Aboriginal claims. Legal and philosophical issues addressed include: how to ensure the interests of Aboriginal women are adequately represented; the relative merits of negotiation and litigation as means of advancing Aboriginal claims; the difficulty in reconciling Aboriginal legal philosophies with Canadian jurisprudence; and possible arguments for ascertaining the date of Crown sovereignty and the legal significance of continuity in proving Aboriginal claims.
Download or read book Hollow Justice written by David E. Wilkins and published by Yale University Press. This book was released on 2013-10-22 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIV This book, the first of its kind, comprehensively explores Native American claims against the United States government over the past two centuries. Despite the federal government’s multiple attempts to redress indigenous claims, a close examination reveals that even when compensatory programs were instituted, Native peoples never attained a genuine sense of justice. David E. Wilkins addresses the important question of what one nation owes another when the balance of rights, resources, and responsibilities have been negotiated through treaties. How does the United States assure that guarantees made to tribal nations, whether through a century old treaty or a modern day compact, remain viable and lasting? /div
Download or read book Negotiating Claims written by Christa Scholtz and published by Routledge. This book was released on 2013-10-14 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do governments choose to negotiate indigenous land claims rather than resolve claims through some other means? In this book Scholtz explores why a government would choose to implement a negotiation policy, where it commits itself to a long-run strategy of negotiation over a number of claims and over a significant course of time. Through an examination strongly grounded in archival research of post-World War Two government decision-making in four established democracies - Australia, Canada, New Zealand, and the United States - Scholtz argues that negotiation policies emerge when indigenous people mobilize politically prior to significant judicial determinations on land rights, and not after judicial change alone. Negotiating Claims links collective action and judicial change to explain the emergence of new policy institutions.
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 Living Treaties Lasting Agreements written by Canada. Task Force to Review Comprehensive Claims Policy and published by . This book was released on 1985 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the background of aboriginal claims agreements in Canadian history and law and analyses the new constitutional context in which contemporary landclaims policy must be made. Includes sections on self-government and northern political development.
Download or read book Litigating Aboriginal Law written by and published by . This book was released on 2002 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Aboriginal Rights written by and published by . This book was released on 1989 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Right to Hunt and Fish as Their Ancestors Did written by David McRobert and published by . This book was released on 1988 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper describes some of the problems of proof and the difficult evidentiary issues that arise from native litigation. The author describes the goals of evidence in litigation in concepts of "truth", considering the problem of cross-cultural differences between aboriginal groups and euro-canadians. The paper examines the courts attempts to accommodate native oral history and other cultural traditions; and, finally, the evidentiary standards applied for proof of aboriginal title are examined.
Download or read book Negotiation Or Litigation written by and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines some of the particular aspects of the negotiation process with particular attention to ensuring a good faith circumstance for Crown/Aboriginal treaty making.
Download or read book Litigating Aboriginal Culture written by Joseph Eliot Magnet and published by . This book was released on 2005 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Key Developments in Aboriginal Law 2019 written by Thomas Isaac and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
