Indigenous Peoples and the Law – serie

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43 produkter

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43 produkter

Indigenous Peoples and the State
International Perspectives on the Treaty of Waitangi
AvMark Hickford,Carwyn Jones
Häftad, Engelska, 2018
526 kr
Skickas inom 10-15 vardagar
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.
Indigenous Peoples as Subjects of International Law
AvIrene Watson
Häftad, Engelska, 2018
665 kr
Skickas inom 10-15 vardagar
For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.
Indigenous Cultural Property and International Law
Restitution, Rights and Wrongs
AvShea Elizabeth Esterling
Inbunden, Engelska, 2023
2 227 kr
Skickas inom 10-15 vardagar
Examining the restitution of cultural property to Indigenous Peoples in human rights law, this book offers a detailed analysis of the opportunities and constraints of international law as a tool of resistance and social transformation for marginalized groups.In accordance with an increasing insistence on respect for diverse cultures, and through their own international mobilization, Indigenous Peoples have participated in the construction of a distinct human rights framework. Significant academic inquiry has focused on the substantive gains made by Indigenous Peoples in this context, along with its impact on a body of law that had previously denied Indigenous Peoples a basis for claims to their own cultural materials and practices. Accordingly, this book acknowledges that Indigenous Peoples, as non-state actors, have generated greater substantive and procedural legitimacy in human rights law making. Offering normative insights into the participation of non-state actors in international law making, however, it also demonstrates that, despite their significant role in constructing the legal framework of human rights in the 21st century, the participation of Indigenous Peoples continues to be structurally limited.With its interdisciplinary approach to the field, this book will appeal to scholars and students in the fields of law, politics, anthropology and indigenous studies.
Reconciling Indigenous Peoples’ Individual and Collective Rights
Participation, Prior Consultation and Self-Determination in Latin America
AvJessika Eichler
Inbunden, Engelska, 2019
2 227 kr
Skickas inom 10-15 vardagar
This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of deeper reflection. Internal power struggles, vulnerabilities and intra-group inequalities go unnoticed in that context, leaving persisting forms of neo-colonialism, neo-liberalism and patriarchalism largely untouched. This is to the detriment of groups within indigenous communities such as women, the elderly or young people, alongside intergenerational rights representing considerable intersectional claims and agendas. Integrating legal theoretical, political, socio-legal and anthropological perspectives, this book disentangles indigenous rights frameworks in the particular case of peremptory norms whenever these reflect both individual and collective rights dimensions. Further-reaching conclusions are drawn for groups ‘in between’, different formations of minority groups demanding rights on their own terms. Particular absolute norms provide insights into such interplay transcending individual and collective frameworks. As one of the founding constitutive elements of indigenous collective frameworks, indigenous peoples’ right to prior consultation exemplifies what we could describe as exerting a cumulative, spill-over and transcending effect. Related debates concerning participation and self-determination thereby gain salience in a complex web of players and interests at stake. Self-determination thereby assumes yet another dimension, namely as an umbrella tool of resistance enabling indigenous cosmovisions to materialise in the light of persisting patterns of epistemological oppression.Using a theoretical approach to close the supposed gap between indigenous rights frameworks informed by empirical insights from Bolivia, the Andes and Latin America, the book sheds light on developments in the African and European human rights systems.
Indigenous Peoples, Consent and Rights
Troubling Subjects
AvStephen Young
Inbunden, Engelska, 2019
2 227 kr
Skickas inom 10-15 vardagar
Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples.The basic notion of FPIC is that states should seek Indigenous peoples’ consent before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations (NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law – but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples’ rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples’ rights. Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.
Indigenous Courts, Self-Determination and Criminal Justice
AvValmaine Toki
Häftad, Engelska, 2020
510 kr
Skickas inom 10-15 vardagar
In New Zealand, as well as in Australia, Canada and other comparable jurisdictions, Indigenous peoples comprise a significantly disproportionate percentage of the prison population. For example, Maori, who comprise 15% of New Zealand’s population, make up 50% of its prisoners. For Maori women, the figure is 60%. These statistics have, moreover, remained more or less the same for at least the past thirty years. With New Zealand as its focus, this book explores how the fact that Indigenous peoples are more likely than any other ethnic group to be apprehended, arrested, prosecuted, convicted and incarcerated, might be alleviated. Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions (including Australia, Canada, the United States of America), and also in the United Nations Declaration on the Rights of Indigenous Peoples, the book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior. More specifically, the book draws on contemporary notions of ‘therapeutic jurisprudence’ and ‘restorative justice’ in order to argue that such a court would offer an effective way to ameliorate the disproportionate incarceration of Indigenous peoples.
State Apologies to Indigenous Peoples
Law, Politics, Ethics
AvFrancesca Dominello
Inbunden, Engelska, 2024
2 493 kr
Skickas inom 10-15 vardagar
This book considers the ethics and politics of state apologies made to Indigenous peoples.The prevalent tendency to treat an apology as a speech act has maintained the focus on the state leader making the apology and not on the victims’ claims. This book demonstrates the inherent shortcomings of this approach through an examination of apologies delivered to Indigenous peoples in Australia and Canada. Contrasting the texts of these apologies with Indigenous peoples' responses, the book develops an understanding of apology as a relational process. This involves engaging Indigenous peoples in dialogue, the aim of which would be to address past injuries by fulfilling the apology's transformative promise of 'never again' to Indigenous peoples' satisfaction. The book concludes by examining more recent developments in Australia and Canada that highlight the continuing need for government accountability to fulfil this promise and ensure Indigenous people's rights and interests are upheld.This book will be of considerable interest to scholars and students in the fields of law and politics, Indigenous studies; forgiveness studies; transitional justice and reconciliation; settler colonialism and decolonisation.
Indigenous Reconciliation and Decolonization
Narratives of Social Justice and Community Engagement
AvRanjan Datta
Inbunden, Engelska, 2020
2 227 kr
Skickas inom 10-15 vardagar
This book addresses the ethical and practical issues at stake in the reconciliation of Indigenous and non-indigenous communities. An increasing number of researchers, educators, and social and environmental activists are eager to find ways to effectively support ongoing attempts to recognize, integrate and promote Indigenous perspectives and communities. Taking Canada as its focus, this book offers a multidisciplinary consideration of a range of reconciliation policies, practices and initiatives that are relevant in all settler states. Set against its increasing neoliberal appropriation, the book resituates reconciliation in the everyday contexts of community interaction and engagement, as well as in the important areas of Indigenous knowledge, resource management and social and environmental justice. Reconciliation is not just the responsibility of law and government. And, attuned to the different perspectives of settlers, migrants and refugee communities, the book examines areas of opportunity, as well as obstacles to progress, in the forging of a truly decolonizing framework for reconciliation. As the challenges of reconciliation cross numerous academic and substantial areas, this book will appeal to a range of scholars and practitioners working in law, politics, education, environmental studies, anthropology and Indigenous studies.
Socio-Legal Struggles for Indigenous Self-Determination in Latin America
Reimagining the Nation, Reinventing the State
AvRoger Merino
Inbunden, Engelska, 2021
2 227 kr
Skickas inom 10-15 vardagar
This book is an interdisciplinary study of struggles for indigenous self-determination and the recognition of indigenous’ territorial rights in Latin America. Studies of indigenous peoples’ opposition to extractive industries have tended to focus on its economic, political or social aspects, as if these were discrete dimensions of the conflict. In contrast, this book offers a comprehensive and interdisciplinary understanding of the tensions between indigenous peoples’ territorial rights and the governance of extractive industries and related state developmental policies. Analysing the contentious process pushed by indigenous peoples for implementing pluri-nationality against extractive projects and pro-extractive policies, the book compares the struggle for territorial rights in Bolivia, Ecuador and Peru. Centrally, it argues that indigenous territorial defenses against the extractive industries articulate a politics of self-determination that challenges coloniality as the foundation of the nation-state. The resource governance of the nation-state assumes that indigenous peoples must be integrated or assimilated within multicultural arrangements as ethnic minorities with proprietary entitlements, so they can participate in the benefits of development. As the struggle for indigenous self-determination in Latin America maintains that indigenous peoples must not be considered as ethnic communities with property rights, but as nations with territorial rights, this book argues that it offers a radical re-imagination of politics, development, and constitutional arrangements. Drawing on detailed case studies, this book’s multidisciplinary account of indigenous movements in Latin America will appeal to those with relevant interests in politics, law, sociology and development studies.
Indigenous Rights and Water Resource Management
Not Just Another Stakeholder
AvKatie O'Bryan
Häftad, Engelska, 2020
613 kr
Skickas inom 10-15 vardagar
In an era of climate change, the need to manage our water resources effectively for future generations has become an increasingly significant challenge. Indigenous management practices have been successfully used to manage inland water systems around the world for thousands of years, and Indigenous people have been calling for a greater role in the management of water resources. As First Peoples and as holders of important knowledge of sustainable water management practices, they regard themselves as custodians and rights holders, deserving of a meaningful role in decision-making. This book argues that a key (albeit not the only) means of ensuring appropriate participation in decision-making about water management is for such participation to be legislatively mandated. To this end, the book draws on case studies in Australia and New Zealand in order to elaborate the legislative tools necessary to ensure Indigenous participation, consultation and representation in the water management landscape.
Indigenous Reconciliation and Decolonization
Narratives of Social Justice and Community Engagement
AvRanjan Datta
Häftad, Engelska, 2022
613 kr
Skickas inom 10-15 vardagar
This book addresses the ethical and practical issues at stake in the reconciliation of Indigenous and non-indigenous communities. An increasing number of researchers, educators, and social and environmental activists are eager to find ways to effectively support ongoing attempts to recognize, integrate and promote Indigenous perspectives and communities. Taking Canada as its focus, this book offers a multidisciplinary consideration of a range of reconciliation policies, practices and initiatives that are relevant in all settler states. Set against its increasing neoliberal appropriation, the book resituates reconciliation in the everyday contexts of community interaction and engagement, as well as in the important areas of Indigenous knowledge, resource management and social and environmental justice. Reconciliation is not just the responsibility of law and government. And, attuned to the different perspectives of settlers, migrants and refugee communities, the book examines areas of opportunity, as well as obstacles to progress, in the forging of a truly decolonizing framework for reconciliation. As the challenges of reconciliation cross numerous academic and substantial areas, this book will appeal to a range of scholars and practitioners working in law, politics, education, environmental studies, anthropology and Indigenous studies.
Reconciling Indigenous Peoples’ Individual and Collective Rights
Participation, Prior Consultation and Self-Determination in Latin America
AvJessika Eichler
Häftad, Engelska, 2020
639 kr
Skickas inom 10-15 vardagar
This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of deeper reflection. Internal power struggles, vulnerabilities and intra-group inequalities go unnoticed in that context, leaving persisting forms of neo-colonialism, neo-liberalism and patriarchalism largely untouched. This is to the detriment of groups within indigenous communities such as women, the elderly or young people, alongside intergenerational rights representing considerable intersectional claims and agendas. Integrating legal theoretical, political, socio-legal and anthropological perspectives, this book disentangles indigenous rights frameworks in the particular case of peremptory norms whenever these reflect both individual and collective rights dimensions. Further-reaching conclusions are drawn for groups ‘in between’, different formations of minority groups demanding rights on their own terms. Particular absolute norms provide insights into such interplay transcending individual and collective frameworks. As one of the founding constitutive elements of indigenous collective frameworks, indigenous peoples’ right to prior consultation exemplifies what we could describe as exerting a cumulative, spill-over and transcending effect. Related debates concerning participation and self-determination thereby gain salience in a complex web of players and interests at stake. Self-determination thereby assumes yet another dimension, namely as an umbrella tool of resistance enabling indigenous cosmovisions to materialise in the light of persisting patterns of epistemological oppression.Using a theoretical approach to close the supposed gap between indigenous rights frameworks informed by empirical insights from Bolivia, the Andes and Latin America, the book sheds light on developments in the African and European human rights systems.
Decolonizing Law
Indigenous, Third World and Settler Perspectives
AvSujith Xavier,Beverley Jacobsm. fl.
Inbunden, Engelska, 2021
2 493 kr
Skickas inom 10-15 vardagar
This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.
Decolonizing Law
Indigenous, Third World and Settler Perspectives
AvSujith Xavier,Beverley Jacobsm. fl.
Häftad, Engelska, 2021
629 kr
Skickas inom 10-15 vardagar
This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.
Constitutionalism of Australian First Nations
A Comparative Study
AvMaria Salvatrice Randazzo
Inbunden, Engelska, 2022
2 227 kr
Skickas inom 10-15 vardagar
The book considers Australian First Nations constitutionalism by drawing on the chthonic constitutional traditions of three distinct Australian First Nations legal orders: the Warlpiri, Yolngu, and Pintupi legal orders, in the endeavour of identifying, via a comparative analysis, a core of similarities to be drawn upon and articulate an emergent legal theory common to the three legal orders. The comparative analysis is undertaken at the most foundational levels of their legal traditions, via the prism of a legal paradigm elaborated with reference to an Australian Indigenous cosmological, ontological, and epistemological standpoint. The proposed legal theory comprises a broad overview, general concepts, normative principles, and general working principles. In so doing, the book expounds how Australian First Nations constitutionalism unfolds into holistic orders of spiritual, political, and legal authority that are explainable in terms of legal theory. At the most foundational level, such elaboration may help delineate normative and legal constitutional patterns throughout Indigenous Australia.
Socio-Legal Struggles for Indigenous Self-Determination in Latin America
Reimagining the Nation, Reinventing the State
AvRoger Merino
Häftad, Engelska, 2021
562 kr
Skickas inom 10-15 vardagar
This book is an interdisciplinary study of struggles for indigenous self-determination and the recognition of indigenous’ territorial rights in Latin America. Studies of indigenous peoples’ opposition to extractive industries have tended to focus on its economic, political or social aspects, as if these were discrete dimensions of the conflict. In contrast, this book offers a comprehensive and interdisciplinary understanding of the tensions between indigenous peoples’ territorial rights and the governance of extractive industries and related state developmental policies. Analysing the contentious process pushed by indigenous peoples for implementing pluri-nationality against extractive projects and pro-extractive policies, the book compares the struggle for territorial rights in Bolivia, Ecuador and Peru. Centrally, it argues that indigenous territorial defenses against the extractive industries articulate a politics of self-determination that challenges coloniality as the foundation of the nation-state. The resource governance of the nation-state assumes that indigenous peoples must be integrated or assimilated within multicultural arrangements as ethnic minorities with proprietary entitlements, so they can participate in the benefits of development. As the struggle for indigenous self-determination in Latin America maintains that indigenous peoples must not be considered as ethnic communities with property rights, but as nations with territorial rights, this book argues that it offers a radical re-imagination of politics, development, and constitutional arrangements. Drawing on detailed case studies, this book’s multidisciplinary account of indigenous movements in Latin America will appeal to those with relevant interests in politics, law, sociology and development studies.
Indigenous Peoples and the State
International Perspectives on the Treaty of Waitangi
AvMark Hickford,Carwyn Jones
Häftad, Engelska, 2019
695 kr
Skickas inom 10-15 vardagar
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.
Aboriginal Peoples, Colonialism and International Law
Raw Law
AvIrene Watson
Inbunden, Engelska, 2014
2 493 kr
Skickas inom 10-15 vardagar
This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality.Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC BY-NC-ND)] 4.0 license.
Indigenous Peoples and the State
International Perspectives on the Treaty of Waitangi
AvMark Hickford,Carwyn Jones
Inbunden, Engelska, 2018
2 421 kr
Skickas inom 10-15 vardagar
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.
Indigenous Rights and Water Resource Management
Not Just Another Stakeholder
AvKatie O'Bryan
Inbunden, Engelska, 2018
2 227 kr
Skickas inom 10-15 vardagar
In an era of climate change, the need to manage our water resources effectively for future generations has become an increasingly significant challenge. Indigenous management practices have been successfully used to manage inland water systems around the world for thousands of years, and Indigenous people have been calling for a greater role in the management of water resources. As First Peoples and as holders of important knowledge of sustainable water management practices, they regard themselves as custodians and rights holders, deserving of a meaningful role in decision-making. This book argues that a key (albeit not the only) means of ensuring appropriate participation in decision-making about water management is for such participation to be legislatively mandated. To this end, the book draws on case studies in Australia and New Zealand in order to elaborate the legislative tools necessary to ensure Indigenous participation, consultation and representation in the water management landscape.
Indigenous Courts, Self-Determination and Criminal Justice
AvValmaine Toki
Inbunden, Engelska, 2018
1 891 kr
Skickas inom 10-15 vardagar
In New Zealand, as well as in Australia, Canada and other comparable jurisdictions, Indigenous peoples comprise a significantly disproportionate percentage of the prison population. For example, Maori, who comprise 15% of New Zealand’s population, make up 50% of its prisoners. For Maori women, the figure is 60%. These statistics have, moreover, remained more or less the same for at least the past thirty years. With New Zealand as its focus, this book explores how the fact that Indigenous peoples are more likely than any other ethnic group to be apprehended, arrested, prosecuted, convicted and incarcerated, might be alleviated. Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions (including Australia, Canada, the United States of America), and also in the United Nations Declaration on the Rights of Indigenous Peoples, the book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior. More specifically, the book draws on contemporary notions of ‘therapeutic jurisprudence’ and ‘restorative justice’ in order to argue that such a court would offer an effective way to ameliorate the disproportionate incarceration of Indigenous peoples.
Indigenous Peoples, Consent and Rights
Troubling Subjects
AvStephen Young
Häftad, Engelska, 2021
613 kr
Skickas inom 10-15 vardagar
Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples.The basic notion of FPIC is that states should seek Indigenous peoples’ consent before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations (NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law – but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples’ rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples’ rights. Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.
Scales of Governance and Indigenous Peoples' Rights
AvIrene Bellier,Jennifer Hays
Häftad, Engelska, 2021
613 kr
Skickas inom 10-15 vardagar
This book takes an interdisciplinary approach to the complicated power relations surrounding the recognition and implementation of Indigenous Peoples’ rights at multiple scales.The adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007 was heralded as the beginning of a new era for Indigenous Peoples’ participation in global governance bodies, as well as for the realization of their rights – in particular, the right to self-determination. These rights are defined and agreed upon internationally, but must be enacted at regional, national, and local scales. Can the global movement to promote Indigenous Peoples’ rights change the experience of communities at the local level? Or are the concepts that it mobilizes, around rights and political tools, essentially a discourse circulating internationally, relatively disconnected from practical situations? Are the categories and processes associated with Indigenous Peoples simply an extension of colonial categories and processes, or do they challenge existing norms and structures? This collection draws together the works of anthropologists, political scientists, and legal scholars to address such questions. Examining the legal, historical, political, economic, and cultural dimensions of the Indigenous Peoples' rights movement, at global, regional, national, and local levels, the chapters present a series of case studies that reveal the complex power relations that inform the ongoing struggles of Indigenous Peoples to secure their human rights.The book will be of interest to social scientists and legal scholars studying Indigenous Peoples’ rights, and international human rights movements in general.
Indigenous Peoples, Marine Space and Resources, and International Law
The Interaction Between International Human Rights Law and the Law of the Sea
AvEndalew Lijalem Enyew
Inbunden, Engelska, 2024
2 434 kr
Skickas inom 10-15 vardagar
This book addresses the rights of indigenous peoples to marine space and associated marine resources under international law.Examining the rights of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. The book addresses three main issues: 1) the extent to which international law recognizes and protects the rights of indigenous peoples in relation to marine space and marine resources; 2) if and how the law of the sea and international human rights law pertaining to the rights of indigenous peoples to marine space and marine resources interact; 3) whether and to what extent the law of the sea regime limits the capacity of coastal States to recognize and implement the rights of indigenous peoples relating to marine space and resources. In response, and in a context where indigenous marine rights are under increasing threat, the book develops an important critical theoretical and methodological approach which moves beyond the current doctrinal focus of much existing work in this area.The book will appeal to academics, researchers, and practitioners in the areas of indigenous peoples and the law, international law, the law of the sea, and human rights.
Indigenous Peoples, Marine Space and Resources, and International Law
The Interaction Between International Human Rights Law and the Law of the Sea
AvEndalew Lijalem Enyew
Häftad, Engelska, 2025
626 kr
Skickas inom 10-15 vardagar
This book addresses the rights of indigenous peoples to marine space and associated marine resources under international law.Examining the rights of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. The book addresses three main issues: 1) the extent to which international law recognizes and protects the rights of indigenous peoples in relation to marine space and marine resources; 2) if and how the law of the sea and international human rights law pertaining to the rights of indigenous peoples to marine space and marine resources interact; 3) whether and to what extent the law of the sea regime limits the capacity of coastal States to recognize and implement the rights of indigenous peoples relating to marine space and resources. In response, and in a context where indigenous marine rights are under increasing threat, the book develops an important critical theoretical and methodological approach which moves beyond the current doctrinal focus of much existing work in this area.The book will appeal to academics, researchers, and practitioners in the areas of indigenous peoples and the law, international law, the law of the sea, and human rights.
Constitutionalism of Australian First Nations
A Comparative Study
AvMaria Salvatrice Randazzo
Häftad, Engelska, 2024
686 kr
Skickas inom 10-15 vardagar
The book considers Australian First Nations constitutionalism by drawing on the chthonic constitutional traditions of three distinct Australian First Nations legal orders: the Warlpiri, Yolngu, and Pintupi legal orders, in the endeavour of identifying, via a comparative analysis, a core of similarities to be drawn upon and articulate an emergent legal theory common to the three legal orders. The comparative analysis is undertaken at the most foundational levels of their legal traditions, via the prism of a legal paradigm elaborated with reference to an Australian Indigenous cosmological, ontological, and epistemological standpoint. The proposed legal theory comprises a broad overview, general concepts, normative principles, and general working principles. In so doing, the book expounds how Australian First Nations constitutionalism unfolds into holistic orders of spiritual, political, and legal authority that are explainable in terms of legal theory. At the most foundational level, such elaboration may help delineate normative and legal constitutional patterns throughout Indigenous Australia.
Indigenous Governance of Traditional Knowledge
The Legal Implementation of Access and Benefit-Sharing in Australia
AvNeva Collings
Inbunden, Engelska, 2023
2 227 kr
Skickas inom 10-15 vardagar
This book addresses the issue of Indigenous peoples' participation in genetic resource access and benefit-sharing and associated traditional knowledge for self-determination.Genetic resources from nature are increasingly used in global biodiscovery research and development, but they often use Indigenous peoples’ traditional knowledge without their consent and without sharing the benefit. The Nagoya Protocol is an instrument of the Convention on Biological Diversity intended to ensure Indigenous peoples’ traditional knowledge is used with their prior and informed consent or approval and entails benefit-sharing on mutually agreed terms. Many countries with significant Indigenous populations have signed the Nagoya Protocol and are currently grappling with implementation of its provisions. This book takes up a case study of Australia to demonstrate how Indigenous community governance in settler states can serve as a path to implementing the Nagoya Protocol. Australia’s access and benefitsharing framework is globally hailed as best practice, offering lessons for other countries implementing the Nagoya Protocol. Focusing on two Indigenous community organisations in Australia, the book establishes a unique evaluative framework for analysing and differentiating the governance arrangements used by Indigenous communities for facilitating decision-making related to traditional knowledge.This book will appeal to scholars working in the areas of international environmental law, human rights, biotechnology law, and Indigenous legal issues; as well as those directly engaged in implementing access and benefit-sharing measures and developing law reform strategies.
Indigenous Governance of Traditional Knowledge
The Legal Implementation of Access and Benefit-Sharing in Australia
AvNeva Collings
Häftad, Engelska, 2025
562 kr
Skickas inom 10-15 vardagar
This book addresses the issue of Indigenous peoples' participation in genetic resource access and benefit-sharing and associated traditional knowledge for self-determination.Genetic resources from nature are increasingly used in global biodiscovery research and development, but they often use Indigenous peoples’ traditional knowledge without their consent and without sharing the benefit. The Nagoya Protocol is an instrument of the Convention on Biological Diversity intended to ensure Indigenous peoples’ traditional knowledge is used with their prior and informed consent or approval and entails benefit-sharing on mutually agreed terms. Many countries with significant Indigenous populations have signed the Nagoya Protocol and are currently grappling with implementation of its provisions. This book takes up a case study of Australia to demonstrate how Indigenous community governance in settler states can serve as a path to implementing the Nagoya Protocol. Australia’s access and benefitsharing framework is globally hailed as best practice, offering lessons for other countries implementing the Nagoya Protocol. Focusing on two Indigenous community organisations in Australia, the book establishes a unique evaluative framework for analysing and differentiating the governance arrangements used by Indigenous communities for facilitating decision-making related to traditional knowledge.This book will appeal to scholars working in the areas of international environmental law, human rights, biotechnology law, and Indigenous legal issues; as well as those directly engaged in implementing access and benefit-sharing measures and developing law reform strategies.
Indigenous Cultural Property and International Law
Restitution, Rights and Wrongs
AvShea Elizabeth Esterling
Häftad, Engelska, 2025
574 kr
Skickas inom 10-15 vardagar
Examining the restitution of cultural property to Indigenous Peoples in human rights law, this book offers a detailed analysis of the opportunities and constraints of international law as a tool of resistance and social transformation for marginalized groups.In accordance with an increasing insistence on respect for diverse cultures, and through their own international mobilization, Indigenous Peoples have participated in the construction of a distinct human rights framework. Significant academic inquiry has focused on the substantive gains made by Indigenous Peoples in this context, along with its impact on a body of law that had previously denied Indigenous Peoples a basis for claims to their own cultural materials and practices. Accordingly, this book acknowledges that Indigenous Peoples, as non-state actors, have generated greater substantive and procedural legitimacy in human rights law making. Offering normative insights into the participation of non-state actors in international law making, however, it also demonstrates that, despite their significant role in constructing the legal framework of human rights in the 21st century, the participation of Indigenous Peoples continues to be structurally limited.With its interdisciplinary approach to the field, this book will appeal to scholars and students in the fields of law, politics, anthropology and indigenous studies.
Criminal Convictions in U.S. Tribal Law
Collateral Consequences, Pardons, and Expungements in Indian Country
AvAndrew Novak
Inbunden, Engelska, 2024
1 891 kr
Skickas inom 10-15 vardagar
This book is the first comparative law study of collateral consequences of criminal conviction in all federally recognized Indian tribes in the lower 48 U.S. states, and the mechanisms for restoring civil rights in tribal law.Surveying the constitutions, codes, and ordinances of tribal jurisdictions reveals a broad range of consequences – the impact of which has not been comprehensively and critically examined. Like state and federal jurisdictions, tribal law attaches thousands of legal disabilities to tribal offices, business licenses and permits, social services, and civil rights for persons with criminal convictions. This is especially true in economically important industries such as gaming and resource extraction; additionally, rapidly changing areas such as marijuana regulation and sex offender registries expand the scope still further. This book catalogues restoration of rights procedures in tribal law, to include pardons, expungements, and record sealing. Collateral consequences have proliferated in tribal law because of the limitations of tribal criminal jurisdiction, including over non-tribal members. However, tribal collateral consequences risk contributing to overcriminalization and social exclusion for persons with previous criminal convictions, especially as Native Americans are already disproportionately impacted by the U.S. criminal justice system.This book will appeal to legal academics, scholars, and practitioners working in tribal criminal law, as well as to others with interests in Indigenous legal issues.

Indigenous Peoples and the Law – serie

Indigenous Peoples and the State

Indigenous Peoples as Subjects of International Law

Indigenous Cultural Property and International Law

Reconciling Indigenous Peoples’ Individual and Collective Rights

Indigenous Peoples, Consent and Rights

Indigenous Courts, Self-Determination and Criminal Justice

State Apologies to Indigenous Peoples

Indigenous Reconciliation and Decolonization

Socio-Legal Struggles for Indigenous Self-Determination in Latin America

Indigenous Rights and Water Resource Management

Indigenous Reconciliation and Decolonization

Reconciling Indigenous Peoples’ Individual and Collective Rights

Decolonizing Law

Decolonizing Law

Constitutionalism of Australian First Nations

Socio-Legal Struggles for Indigenous Self-Determination in Latin America

Indigenous Peoples and the State

Aboriginal Peoples, Colonialism and International Law

Indigenous Peoples and the State

Indigenous Rights and Water Resource Management

Indigenous Courts, Self-Determination and Criminal Justice

Indigenous Peoples, Consent and Rights

Scales of Governance and Indigenous Peoples' Rights

Indigenous Peoples, Marine Space and Resources, and International Law

Indigenous Peoples, Marine Space and Resources, and International Law

Constitutionalism of Australian First Nations

Indigenous Governance of Traditional Knowledge

Indigenous Governance of Traditional Knowledge

Indigenous Cultural Property and International Law

Criminal Convictions in U.S. Tribal Law