Larissa Behrendt - Böcker

Aboriginal and Torres Strait Islander Legal Relations Second Edition considers the contact of Aboriginal and Torres Strait Islanders with Anglo-Australian law, and deals primarily with the problems the imposed law has had in its relationship with Indigenous people in Australia. The book is comprehensive in scope and covers key issues relating to sovereignty, jurisdiction and territorial acquisition; family law and child protection; criminal law, policing and sentencing; land rights and native title; cultural heritage, heritage protection and intellectual property; anti-discrimination law; international human rights law; constitutional law; social justice, self-determination and treaty issues.

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.

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 Ngati Ranginui), an Aboriginal Australian (Eualayai/Gammilaroi), 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.

This vital and timely book is the first sustained investigation of the creative strategies employed by two Australian Indigenous nations in re-asserting their sovereign capacities for self-determination. Continuing the remarkable history of Indigenous peoples resisting settler-colonialism, these nations echo the resurgence of collective cultural identity and political capacity evident across Australia.Describing and comparing the governance innovations developed by Elders and leaders of the Gunditjmara People and the Ngarrindjeri Nation reveals the distinctive contributions made by Aboriginal and Torres Strait Islander nations to a worldwide movement of Indigenous nation rebuilding. Facing the realities of structuring and rebuilding Indigenous nationhood, the political techniques set out in Indigenous Nation-Building in Australia range from transforming localised instances of injustice to developing communities and protecting ancestral Country. By sharing these Australian Indigenous leaders’ insights, this book provides practical, sophisticated and tested methods to further Indigenous self-government across the globe.

This vital and timely book is the first sustained investigation of the creative strategies employed by two Australian Indigenous nations in re-asserting their sovereign capacities for self-determination. Continuing the remarkable history of Indigenous peoples resisting settler-colonialism, these nations echo the resurgence of collective cultural identity and political capacity evident across Australia.Describing and comparing the governance innovations developed by Elders and leaders of the Gunditjmara People and the Ngarrindjeri Nation reveals the distinctive contributions made by Aboriginal and Torres Strait Islander nations to a worldwide movement of Indigenous nation rebuilding. Facing the realities of structuring and rebuilding Indigenous nationhood, the political techniques set out in Indigenous Nation-Building in Australia range from transforming localised instances of injustice to developing communities and protecting ancestral Country. By sharing these Australian Indigenous leaders’ insights, this book provides practical, sophisticated and tested methods to further Indigenous self-government across the globe.