Download or read book Sovereignty and Land Rights of Indigenous Peoples in the United States written by Wayne Edwards and published by Springer Nature. This book was released on 2020-09-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comparative study of the land settlements and sovereign arrangements between the US government and the three major aggregated groups of indigenous peoples—American Indians, Native Alaskans, and Native Hawaiians—whose land rights claims have resulted in very different outcomes. It shows that the outcomes of their sovereign claims were different, though their bases were similar. While the US government insists that it is committed to the government-to-government relationship it has with the tribes, federal authority severely limits the ability of tribal governments to participate as an equal partner.
Download or read book Recognition Sovereignty Struggles Indigenous Rights in the United States written by Amy E. Den Ouden and published by UNC Press Books. This book was released on 2013 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recognition, Sovereignty Struggles, and Indigenous Rights in the United States: A Sourcebook
Download or read book Indigenous Sovereignty in the 21st Century written by Michael Lerma and published by Florida Academic Press. This book was released on 2014 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: A provocative analysis of what "sovereignty" means to indigenous nations, challenging commonly held conceptions about the relationship between sovereignty and economic development.
Download or read book The Inherent Rights of Indigenous Peoples in International Law written by Antonietta Di Blase and published by Roma TrE-Press. This book was released on 2020-02-24 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations.
Download or read book Indigenous Data Sovereignty written by Tahu Kukutai and published by ANU Press. This book was released on 2016-11-14 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines
Download or read book Indigenous Peoples Land Rights under International Law written by Jérémie Gilbert and published by BRILL. This book was released on 2016-06-21 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. The first edition of this ground-breaking book was published in 2006, at the time the negotiations for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) were still underway. The adoption of the Declaration in 2007 marks an important moment not only in terms of law-making, but also represents the achievement of long decades of lobbying and advocacy from indigenous peoples’ representatives. This fully revised new edition reflects on the 10 years which have followed the adoption of the UNDRIP and examines its impact regarding indigenous peoples’ land rights. Its aim is not only to assess the importance of the UNDRIP in terms of international standards, but also to reflect on the ‘maturing’ of international law in relation to indigenous peoples’ land rights. Over the last 10 years these have reached a new level of visibility and a voluminous new jurisprudence and doctrine have been developed. Praise for the first edition: "Gilbert’s passion for his subject is palpable and illuminates every page, as do his zeal to expose international law’s complicity in indigenous peoples’ loss of their territories and tentative hope that international law might now provide some protection of indigenous peoples’ lands. The choice of topic is also to be applauded. There are few texts that examine indigenous peoples’ land rights in such depth.” Claire Charters, Associate Professor, University of Auckland, New Zealand (in International and Comparative Law Quarterly (ICLQ) "Gilbert’s gaze is firmly fixed on the future and the question how international law will reflect lex ferenda on indigenous land rights. His interpretation of international law must be seen in this light. He is looking beyond the current controversies in the rights discourse towards a more conciliatory phase in state-indigenous relations. International law undoubtedly has an important role to play in his vision, but its primary function is to facilitate dialogue rather than as a combative and adversarial mechanism. (..) Gilbert’s book is a tour de force on indigenous territoriality.” Stephen Allen, Senior Lecturer in Law, Queen Mary University London, United Kingdom (in International Journal on Minority and Group Rights
Download or read book We Are All Here to Stay written by Dominic O’Sullivan and published by ANU Press. This book was released on 2020-09-21 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2007, 144 UN member states voted to adopt a Declaration on the Rights of Indigenous Peoples. Australia, Canada, New Zealand and the US were the only members to vote against it. Each eventually changed its position. This book explains why and examines what the Declaration could mean for sovereignty, citizenship and democracy in liberal societies such as these. It takes Canadian Chief Justice Lamer’s remark that ‘we are all here to stay’ to mean that indigenous peoples are ‘here to stay’ as indigenous. The book examines indigenous and state critiques of the Declaration but argues that, ultimately, it is an instrument of significant transformative potential showing how state sovereignty need not be a power that is exercised over and above indigenous peoples. Nor is it reasonably a power that displaces indigenous nations’ authority over their own affairs. The Declaration shows how and why, and this book argues that in doing so, it supports more inclusive ways of thinking about how citizenship and democracy may work better. The book draws on the Declaration to imagine what non-colonial political relationships could look like in liberal societies.
Download or read book Sovereignty Indigeneity and the Law written by Eric Cheyfitz and published by South Atlantic Quarterly. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Indigenous groups include diverse cultures and colonial experiences, Indigenous communities around the globe are united by a common struggle: to achieve self-determination and land rights as original occupants of the land prior to colonization. Historically, Western law has served both as an instrument of colonial control and as a means for Indigenous peoples to assert their claims to sovereignty and territory against those of nation-states. The essays in this issue of SAQ consider historical and contemporary colonial conflicts and explore key topics in Indigenous studies, including land rights, human rights, legal jurisdiction, Indigenous governance, and questions of language, culture, and the environment. This wide-ranging collection addresses the political possibilities of Western law and the international meanings of sovereignty and Indigeneity. One essay analyzes the autonomous government through which local citizens in Indigenous Zapatista communities in Mexico hope to dissolve systems of top-down sovereignty altogether. Another explores narratives of Native American law and the treatment of sovereignty in contemporary Mohawk visual culture. Several essays discuss the legal and political implications of the field's pivotal public documents, including the 2007 U.N. Declaration on the Rights of Indigenous Peoples. Eric Cheyfitz is the Ernest I. White Professor of American Studies and Humane Letters in the Department of English at Cornell University. N. Bruce Duthu is the Samson Occom Professor of Native American Studies and Chair of the Native American Studies Program at Dartmouth College. Shari M. Huhndorf is Associate Professor of English at the University of Oregon. Contributors: Christine Black, Eric Cheyfitz, Gordon Christie, Chris Cunneen, Jonathan Goldberg-Hiller, Lorie M. Graham, Roy M. Huhndorf, Shari M. Huhndorf, Forrest Hylton, Mara Kaufman, Alvaro Reyes, Jolene Rickard, Carlos Salinas, Noenoe K. Silva, Cheryl Suzack, Siegfried Wiessner
Download or read book Navajo Sovereignty written by Lloyd L. Lee and published by University of Arizona Press. This book was released on 2017-04-11 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: A companion to Diné Perspectives: Revitalizing and Reclaiming Navajo Thought, each chapter of Navajo Sovereignty offers the contributors' individual perspectives. This book discusses Western law's view of Diné sovereignty, research, activism, creativity, and community, and Navajo sovereignty in traditional education. Above all, Lloyd L. Lee and the contributing scholars and community members call for the rethinking of Navajo sovereignty in a way more rooted in Navajo beliefs, culture, and values.
Download or read book Sovereignty Colonialism and the Indigenous Nations written by Robert Odawi Porter and published by . This book was released on 2005 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an extensive compilation of readings focused on the meaning of sovereignty and self-determination in relation to Indigenous nations and peoples in the United States. The overall purpose of the book is to afford readers the opportunity to study and analyze the interplay of legal, political, economic, and cultural factors that contribute to the debate surrounding the status of Indigenous nations and peoples within American society. The book is divided into three parts, with each part prefaced by a set of questions for the reader to consider. The first part explores the meaning of Indigenous nation sovereignty from three different perspectives--the Indigenous nations and peoples, the colonizing peoples, and the international community. The second part then addresses the different ways in which this sovereignty is threatened. The last part of the book explores the variety of approaches by which Indigenous nation sovereignty may be preserved and strengthened in the future. The readings included are extraordinarily broad in scope and are designed to promote vigorous student inquiry and discussion. In addition to including a wide variety of authors, the works include speeches, testimony, policy statements, law cases, statutes, articles, book chapters, and newspaper stories. The materials are extensively edited (with few footnotes and citations) so as to focus the reader on important concepts and to facilitate overall understanding. The book is intended for use in both law school and non-law school courses relating to law and policy dealing with Indigenous nations and peoples, American history, and international law and policy governing minorities and Indigenous peoples. The book is also designed for use in undergraduate courses and seminars.
Download or read book An Indigenous Peoples History of the United States 10th Anniversary Edition written by Roxanne Dunbar-Ortiz and published by Beacon Press. This book was released on 2023-10-03 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: New York Times Bestseller Now part of the HBO docuseries "Exterminate All the Brutes," written and directed by Raoul Peck Recipient of the American Book Award The first history of the United States told from the perspective of indigenous peoples Today in the United States, there are more than five hundred federally recognized Indigenous nations comprising nearly three million people, descendants of the fifteen million Native people who once inhabited this land. The centuries-long genocidal program of the US settler-colonial regimen has largely been omitted from history. Now, for the first time, acclaimed historian and activist Roxanne Dunbar-Ortiz offers a history of the United States told from the perspective of Indigenous peoples and reveals how Native Americans, for centuries, actively resisted expansion of the US empire. With growing support for movements such as the campaign to abolish Columbus Day and replace it with Indigenous Peoples’ Day and the Dakota Access Pipeline protest led by the Standing Rock Sioux Tribe, An Indigenous Peoples’ History of the United States is an essential resource providing historical threads that are crucial for understanding the present. In An Indigenous Peoples’ History of the United States, Dunbar-Ortiz adroitly challenges the founding myth of the United States and shows how policy against the Indigenous peoples was colonialist and designed to seize the territories of the original inhabitants, displacing or eliminating them. And as Dunbar-Ortiz reveals, this policy was praised in popular culture, through writers like James Fenimore Cooper and Walt Whitman, and in the highest offices of government and the military. Shockingly, as the genocidal policy reached its zenith under President Andrew Jackson, its ruthlessness was best articulated by US Army general Thomas S. Jesup, who, in 1836, wrote of the Seminoles: “The country can be rid of them only by exterminating them.” Spanning more than four hundred years, this classic bottom-up peoples’ history radically reframes US history and explodes the silences that have haunted our national narrative. An Indigenous Peoples' History of the United States is a 2015 PEN Oakland-Josephine Miles Award for Excellence in Literature.
Download or read book The Indigenous Paradox written by Jonas Bens and published by University of Pennsylvania Press. This book was released on 2020-06-12 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: An investigation into how indigenous rights are conceived in legal language and doctrine In the twenty-first century, it is politically and legally commonplace that indigenous communities go to court to assert their rights against the postcolonial nation-state in which they reside. But upon closer examination, this constellation is far from straightforward. Indigenous communities make their claims as independent entities, governed by their own laws. And yet, they bring a case before the court of another sovereign, subjecting themselves to its foreign rule of law. According to Jonas Bens, when native communities enter into legal relationships with postcolonial nation-states, they "become indigenous." Indigenous communities define themselves as separated from the settler nation-state and insist that their rights originate from within their own system of laws. At the same time, indigenous communities must argue that they are incorporated in the settler nation-state to be able to use its judiciary to enforce these rights. As such, they are simultaneously included into and excluded from the state. Tracing how the indigenous paradox is inscribed into the law by investigating several indigenous rights cases in the Americas, from the early nineteenth century to the early twenty-first, Bens illustrates how indigenous communities have managed—and continue to manage—to navigate this paradox by developing lines of legal reasoning that mobilize the concepts of sovereignty and culture. Bens argues that understanding indigeneity as a paradoxical formation sheds light on pressing questions concerning the role of legal pluralism and shared sovereignty in contemporary multicultural societies.
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 The Aboriginal Tent Embassy written by Gary Foley and published by Routledge. This book was released on 2013-07-24 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1972 Aboriginal Embassy was one of the most significant indigenous political demonstrations of the twentieth century. What began as a simple response to a Prime Ministerial statement on Australia Day 1972, evolved into a six-month political stand-off between radical Aboriginal activists and a conservative Australian government. The dramatic scenes in July 1972 when police forcibly removed the Embassy from the lawns of the Australian Houses of Parliament were transmitted around the world. The demonstration increased international awareness of the struggle for justice by Aboriginal people, brought an end to the national government policy of assimilation and put Aboriginal issues firmly onto the national political agenda. The Embassy remains today and on Australia Day 2012 was again the focal point for national and international attention, demonstrating the intensity that the Embassy can still provoke after forty years of just sitting there. If, as some suggest, the Embassy can only ever be removed by Aboriginal people achieving their goals of Land Rights, Self-Determination and economic independence then it is likely to remain for some time yet. ‘This book explores the context of this moment that captured the world’s attention by using, predominantly, the voices of the people who were there. More than a simple oral history, some of the key players represented here bring with them the imprimatur of the education they were to gain in the era after the Tent Embassy. This is an act of radicalisation. The Aboriginal participants in subversive political action have now broken through the barriers of access to academia and write as both eye-witnesses and also as trained historians, lawyers, film-makers. It is another act of subversion, a continuing taunt to the entrenched institutions of the dominant culture, part of a continuum of political thought and action.’ (Larissa Behrendt, Professor of Law, Jumbunna Indigenous House of Learning, University of Technology Sydney)
Download or read book Indigenous Peoples and the State written by Bradley Reed Howard and published by DeKalb, Ill. : Northern Illinois University Press. This book was released on 2003 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Long dismissed as relics of a primitive past, indigenous peoples are increasingly seeking international recognition and protection of their rights to land, water, and fundamental human freedoms. Anthropologist Bradley Reed Howard surveys the struggles of indigenous groups for self-determination in the United States and internationally, calling crucial attention to the urgent need for native social and political representation. Indigenous Peoples and the State presents an overview of the confrontation between tribal groups and both nation-states and international organizations. Howard places indigenous issues within the larger context of the work of nongovernmental agencies, United Nations initiatives on human rights, and national self-determination. Two specific case studies of indigenous legal status and rights--involving the Iroquois in the United States and the Maori in New Zealand--illuminate native peoples' claims to sovereignty, traditional culture, territory, and natural resources. Ethical problems inevitably arise in any attempt to define identity. Investigating the complex issues of colonialism and culture, Howard reveals that anthropologists have at times played a complicit role in tribal subjugation. He also emphasizes the contributions many cultural anthropologists have made to the progressive transformation of law and recognizes their efforts to preserve indigenous cultures and natural habitats. Anthropological approaches, Howard maintains, offer the best hope for understanding the magnitude of indigenous peoples' worldwide endeavors to attain human rights. Indigenous Peoples and the State draws extensively from native sources on questions of identity, rights, and sovereignty. North American Indians, the Maori, and numerous other native peoples assert international recognition of their independence and status as "peoples" through their treaties and agreements with Western nations. They further demand an accessible international forum through which they can achieve justice and promote national self-determination. Howard's bold analysis offers extraordinary anthropological and legal support for the declarations and aspirations of indigenous peoples.
Download or read book Settler Sovereignty written by Lisa Ford and published by Harvard University Press. This book was released on 2010 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a brilliant comparative study of law and imperialism, Lisa Ford argues that modern settler sovereignty emerged when settlers in North America and Australia defined indigenous theft and violence as crime. This occurred, not at the moment of settlement or federation, but in the second quarter of the nineteenth century when notions of statehood, sovereignty, empire, and civilization were in rapid, global flux. Ford traces the emergence of modern settler sovereignty in everyday contests between settlers and indigenous people in early national Georgia and the colony of New South Wales. In both places before 1820, most settlers and indigenous people understood their conflicts as war, resolved disputes with diplomacy, and relied on shared notions like reciprocity and retaliation to address frontier theft and violence. This legal pluralism, however, was under stress as new, global statecraft linked sovereignty to the exercise of perfect territorial jurisdiction. In Georgia, New South Wales, and elsewhere, settler sovereignty emerged when, at the same time in history, settlers rejected legal pluralism and moved to control or remove indigenous peoples.
Download or read book Living in Indigenous Sovereignty written by Elizabeth Carlson-Manathara and published by Fernwood Publishing. This book was released on 2021-04-15T00:00:00Z with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade, the relationship between settler Canadians and Indigenous Peoples has been highlighted by the Truth and Reconciliation Commission, the National Inquiry into Missing and Murdered Indigenous Women and Girls, the Idle No More movement, the Wet’suwet’en struggle against pipeline development and other Indigenous-led struggles for Indigenous sovereignty and decolonization. Increasing numbers of Canadians are beginning to recognize how settler colonialism continues to shape relationships on these lands. With this recognition comes the question many settler Canadians are now asking, what can I do? Living in Indigenous Sovereignty lifts up the wisdom of Indigenous scholars, activists and knowledge keepers who speak pointedly to what they are asking of non-Indigenous people. It also shares the experiences of thirteen white settler Canadians who are deeply engaged in solidarity work with Indigenous Peoples. Together, these stories offer inspiration and guidance for settler Canadians who wish to live honourably in relationship with Indigenous Peoples, laws and lands. If Canadians truly want to achieve this goal, Carlson and Rowe argue, they will pursue a reorientation of their lives toward “living in Indigenous sovereignty” — living in an awareness that these are Indigenous lands, containing relationships, laws, protocols, stories, obligations and opportunities that have been understood and practised by Indigenous peoples since time immemorial. Collectively, these stories will help settler Canadians understand what transformations we must undertake if we are to fundamentally shift our current relations and find a new way forward, together. Visit for more details: https://www.storiesofdecolonization.org Watch the book launch video here:
