Download or read book New Treaty New Tradition written by Carwyn Jones and published by UBC Press. This book was released on 2016-07-15 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal traditions respond to social and economic environments. Māori author and legal scholar Carwyn Jones provides a timely examination of how the resolution of land claims in New Zealand has affected Māori law and the challenges faced by Indigenous peoples as they attempt to exercise self-determination in a postcolonial world. Combining thoughtful analysis with Māori storytelling, Jones’s nuanced reflections on the claims process show how Western legal thought has shaped treaty negotiations. Drawing on Canadian and international examples, Jones makes the case that genuine reconciliation can occur only when we recognize the importance of Indigenous traditions in the settlement process.

Download or read book New Treaty New Tradition written by Carwyn Jones and published by UBC Press. This book was released on 2016-07-22 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal cultures change in response to social and economic environments. Māori author and legal scholar Carwyn Jones provides a timely examination of how the resolution of land claims in New Zealand has affected traditional Māori law, illustrating the challenges faced by Indigenous peoples as they attempt to exercise self-determination in a postcolonial world. Combining thoughtful analysis with Māori storytelling New Treaty, New Tradition reveals the enduring vitality of Māori legal traditions, making the case that genuine reconciliation can occur only when we recognize the importance of Indigenous traditions in the settlement process. Drawing on examples from Canada and New Zealand, Jones illustrates how Western legal thought has shaped the historical claims process. As Indigenous self-determination plays out on the world stage, this nuanced reflection brings into focus prospects for the long-term success of reconciliation projects in Canada and around the globe.

Download or read book New Myths and Old Politics written by Tipene O'Regan and published by Bridget Williams Books. This book was released on 2014-06-25 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: Negotiating a claim before the Waitangi Tribunal can involve troubling challenges to an iwi’s legitimacy, sometimes from unexpected places. In this unique behind-the-scenes account of the negotiation of Ngāi Tahu’s Waitangi Tribunal claim, Sir Tipene O’Regan describes what happened when claims of New Age mysticism attempted to undermine traditional whakapapa and academic scholarship.

Download or read book The New Sovereignty written by Abram Chayes and published by Harvard University Press. This book was released on 1998-10-01 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an increasingly complex and interdependent world, states resort to a bewildering array of regulatory agreements to deal with problems as disparate as climate change, nuclear proliferation, international trade, satellite communications, species destruction, and intellectual property. In such a system, there must be some means of ensuring reasonably reliable performance of treaty obligations. The standard approach to this problem, by academics and politicians alike, is a search for treaties with "teeth"--military or economic sanctions to deter and punish violation. The New Sovereignty argues that this approach is misconceived. Cases of coercive enforcement are rare, and sanctions are too costly and difficult to mobilize to be a reliable enforcement tool. As an alternative to this "enforcement" model, the authors propose a "managerial" model of treaty compliance. It relies on the elaboration and application of treaty norms in a continuing dialogue between the parties--international officials and nongovernmental organizations--that generates pressure to resolve problems of noncompliance. In the process, the norms and practices of the regime themselves evolve and develop. The authors take a broad look at treaties in many different areas: arms control, human rights, labor, the environment, monetary policy, and trade. The extraordinary wealth of examples includes the Iran airbus shootdown, Libya's suit against Great Britain and the United States in the Lockerbie case, the war in Bosnia, and Iraq after the Gulf War. The authors conclude that sovereignty--the status of a recognized actor in the international system--requires membership in good standing in the organizations and regimes through which the world manages its common affairs. This requirement turns out to be the major pressure for compliance with treaty obligations. This book will be an invaluable resource and casebook for scholars, policymakers, international public servants, lawyers, and corporate executives.

Download or read book The Treaty of Waitangi Te Tiriti o Waitangi written by Claudia Orange and published by Bridget Williams Books. This book was released on 2021-01-12 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Treaty of Waitangi/Te Tiriti o Waitangi is a foundational document for New Zealand. Signed in 1840 by more than 540 rangatira and representatives of the British Crown, the Treaty set out an agreement between Māori and the European newcomers that remains central to this country’s cultural and political life. Claudia Orange’s writing on the Treaty has contributed to New Zealanders’ understanding of this history for over thirty years. In this new edition of her popular illustrated history, Dr Orange brings the narrative of Te Tiriti/Treaty up to date, covering major developments in iwi claims and Treaty settlements – including the ‘personhood’ established for the Whanganui River and Te Urewera, applications for customary title in the foreshore and seabed, and critical matters of intellectual property, language and political partnership. New Zealand’s commitment to the Treaty claims process has far-reaching implications for this country’s future, and this clear account provides readers with invaluable insights into an all-important history. The Treaty of Waitangi by Claudia Orange was first published in 1987 to national acclaim, receiving the Goodman Fielder Wattie Award. This widely respected history has since advanced through several new editions. The Treaty of Waitangi/Te Tiriti o Waitangi: An Illustrated History is the most comprehensive account yet, presented in full colour and drawing on Dr Orange’s recent research into the nine sheets of the Treaty and their signatories.

Download or read book The Constitution of New Zealand written by Matthew SR Palmer and published by Bloomsbury Publishing. This book was released on 2022-02-10 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines New Zealand's constitution, through the lens of constitutional realism. It looks at the practices, habits, conventions and norms of constitutional life. It focuses on the structures, processes and culture that govern the exercise of public power – a perspective that is necessary to explore and account for a lived, rather than textual, constitution. New Zealand's constitution is unique. One of three remaining unwritten democratic constitutions in the world, it is characterised by a charming set of anachronistic contrasts. “Unwritten”, but much found in various written sources. Built on a network of Westminster constitutional conventions but generously tailored to local conditions. Proudly independent, yet perhaps a purer Westminster model than its British parent. Flexible and vulnerable, while oddly enduring. It looks to the centralised authority that comes with a strong executive, strict parliamentary sovereignty, and a unitary state. However, its populace insists on egalitarian values and representative democracy, with elections fiercely conducted nowadays under a system of proportional representation. The interests of indigenous Maori are protected largely through democratic majority rule. A reputation for upholding the rule of law, yet few institutional safeguards to ensure compliance.

Download or read book Woodrow Wilson and the American Diplomatic Tradition written by Lloyd E. Ambrosius and published by Cambridge University Press. This book was released on 1987 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Woodrow Wilson's contributions to the creation of the League of Nations as well as his failures in the Senate battles over the Versailles treaty are stressed in this account of his leadership in international affairs.

Download or read book Tangata Whenua written by Atholl Anderson and published by Bridget Williams Books. This book was released on 2015-11-19 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tangata Whenua: A History presents a rich narrative of the Māori past from ancient origins in South China to the twenty-first century, in a handy paperback format. The authoritative text is drawn directly from the award-winning Tangata Whenua: An Illustrated History; the full text of the big hardback is available in a reader-friendly edition, ideal for students and for bedtime reading, and a perfect gift for those whose budgets do not stretch to the illustrated edition. Maps and diagrams complement the text, along with a full set of references and the important statistical appendix. Tangata Whenua: An Illustrated History was published to widespread acclaim in late 2014. This magnificent history has featured regularly in the award lists: winner of the 2015 Royal Society Science Book Prize, shortlisted for the international Ernest Scott Prize, winner of the Te Kōrero o Mua (History) Award at the Ngā Kupu ora Aotearoa Māori Book Awards, and Gold in the Pride in Print Awards. The importance of this history to New Zealand cannot be overstated. Māori leaders emphatically endorsed the book, as have reviewers and younger commentators. They speak of the way Tangata Whenua draws together different strands of knowledge – from historical research through archaeology and science to oral tradition. They remark on the contribution this book makes to evolving knowledge, describing it as ‘a canvas to paint the future on’. And many comment on the contribution it makes to the growth of understanding between the people of this country.

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 Decolonisation Anti Racism and Legal Pedagogy written by Foluke I Adebisi and published by Taylor & Francis. This book was released on 2023-12-08 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an international breadth of historical and theoretical insights into recent efforts to "decolonise" legal education across the world. With a specific focus on post- and decolonial thought and anti-racist methods in pedagogy, this edited collection provides an accessible illustration of pedagogical innovation in teaching and learning law. Chapters cover civil and common law legal systems, incorporate cases from non-state Indigenous legal systems, and critically examine key topics such as decolonisation and anti-racism in criminology, colonialism and the British Empire, and court process and Indigenous justice. The book demonstrates how teaching can be modified and adapted to address long-standing injustice in the curriculum. Offering a systematic collection of theoretical and practical examples of anti-racist and decolonial legal pedagogy, this volume will appeal to curriculum designers and law educators as well as to undergraduate and post-graduate law level teachers and researchers.

Download or read book Indigenous Peoples and the State written by Mark Hickford and published by Taylor & Francis. This book was released on 2018-07-04 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand’s Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.

Download or read book The Frontiers of Public Law written by Jason NE Varuhas and published by Bloomsbury Publishing. This book was released on 2020-01-09 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining cutting-edge issues at the intersection of public law and other fields. The collection addresses four principal frontiers: public law and international law; public law and indigenous peoples; public law and other domestic fields, specifically criminal law and private law; and public law and public administration. In common with the two books from the previous Public Law Conferences, this collection offers authoritative insights into the most important issues emerging in public law, and is essential reading for those working in the field.

Download or read book The True Spirit and Original Intent of Treaty 7 written by Walter Hildebrandt and published by McGill-Queen's Press - MQUP. This book was released on 1996 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are several historical accounts of the Treaty 7 agreement between the government and prairie First Nations but none from the perspective of the aboriginal people involved. In spite of their perceived silence, however, the elders of each nation involved have maintained an oral history of events, passing on from generation to generation many stories about the circumstances surrounding Treaty 7 and the subsequent administration of the agreement. The True Spirit and Original Intent of Treaty 7 gathers the "collective memory" of the elders about Treaty 7 to provide unique insights into a crucial historical event and the complex ways of the aboriginal people.

Download or read book Tradition Treaties and Trade written by Kirk W. Larsen and published by Harvard University Press. This book was released on 2008 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Relations between the Choson and Qing states are often cited as the prime example of the operation of the âeoetraditionalâe Chinese âeoetribute system.âe In contrast, this work contends that the motivations, tactics, and successes (and failures) of the late Qing Empire in Choson Korea mirrored those of other nineteenth-century imperialists. Between 1850 and 1910, the Qing attempted to defend its informal empire in Korea by intervening directly, not only to preserve its geopolitical position but also to promote its commercial interests. And it utilized the technology of empireâe"treaties, international law, the telegraph, steamships, and gunboats. Although the transformation of Qing-Choson diplomacy was based on modern imperialism, this work argues that it is more accurate to describe the dramatic shift in relations in terms of flexible adaptation by one of the worldâe(tm)s major empires in response to new challenges. Moreover, the new modes of Qing imperialism were a hybrid of East Asian and Western mechanisms and institutions. Through these means, the Qing Empire played a fundamental role in Koreaâe(tm)s integration into regional and global political and economic systems.

Download or read book Handbook on Good Treaty Practice written by Jill Barrett and published by Cambridge University Press. This book was released on 2020-03-12 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aims to provide a useful analytical tool and practical guidance on good treaty practice. It will be of interest to those working with treaties and treaty procedures in governments, international organisations, and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.

Download or read book The People Are Dancing Again written by Charles Wilkinson and published by University of Washington Press. This book was released on 2012-02-01 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of the Siletz is in many ways the history of all Indian tribes in America: a story of heartache, perseverance, survival, and revival. It began in a resource-rich homeland thousands of years ago and today finds a vibrant, modern community with a deeply held commitment to tradition. The Confederated Tribes of Siletz Indians�twenty-seven tribes speaking at least ten languages�were brought together on the Oregon Coast through treaties with the federal government in 1853�55. For decades after, the Siletz people lost many traditional customs, saw their languages almost wiped out, and experienced poverty, killing diseases, and humiliation. Again and again, the federal government took great chunks of the magnificent, timber-rich tribal homeland, a reservation of 1.1 million acres reaching a full 100 miles north to south on the Oregon Coast. By 1956, the tribe had been �terminated� under the Western Oregon Indian Termination Act, selling off the remaining land, cutting off federal health and education benefits, and denying tribal status. Poverty worsened, and the sense of cultural loss deepened. The Siletz people refused to give in. In 1977, after years of work and appeals to Congress, they became the second tribe in the nation to have its federal status, its treaty rights, and its sovereignty restored. Hand-in-glove with this federal recognition of the tribe has come a recovery of some land--several hundred acres near Siletz and 9,000 acres of forest--and a profound cultural revival. This remarkable account, written by one of the nation�s most respected experts in tribal law and history, is rich in Indian voices and grounded in extensive research that includes oral tradition and personal interviews. It is a book that not only provides a deep and beautifully written account of the history of the Siletz, but reaches beyond region and tribe to tell a story that will inform the way all of us think about the past. Watch the book trailer: https://www.youtube.com/watch?v=NEtAIGxp6pc

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"--