Aboriginal Peoples Colonialism And International Law

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Aboriginal Peoples, Colonialism and International Law

Irene Watson
Aboriginal Peoples Colonialism and International Law Book PDF

Author : Irene Watson
Publisher : Routledge
Page : 204 pages
File Size : 47,7 Mb
Release : 2014-10-17
Category : History
ISBN : 9781317938378

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Aboriginal Peoples, Colonialism and International Law by Irene Watson Pdf

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.

Indigenous Peoples as Subjects of International Law

Irene Watson
Indigenous Peoples as Subjects of International Law Book PDF

Author : Irene Watson
Publisher : Taylor & Francis
Page : 226 pages
File Size : 47,5 Mb
Release : 2017-07-14
Category : Law
ISBN : 9781317240662

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Indigenous Peoples as Subjects of International Law by Irene Watson Pdf

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.

Traditional, National, and International Law and Indigenous Communities

Marianne O. Nielsen,Karen Jarratt-Snider
Traditional National and International Law and Indigenous Communities Book PDF

Author : Marianne O. Nielsen,Karen Jarratt-Snider
Publisher : University of Arizona Press
Page : 225 pages
File Size : 47,8 Mb
Release : 2020-05-05
Category : Social Science
ISBN : 9780816540419

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Traditional, National, and International Law and Indigenous Communities by Marianne O. Nielsen,Karen Jarratt-Snider Pdf

This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.

Aboriginal Peoples and the Law

Jim Reynolds
Aboriginal Peoples and the Law Book PDF

Author : Jim Reynolds
Publisher : Purich Books
Page : 296 pages
File Size : 42,7 Mb
Release : 2018-05-15
Category : Law
ISBN : 9780774880237

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Aboriginal Peoples and the Law by Jim Reynolds Pdf

The Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. This book responds to that call, outlining significant legal developments in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand the relationship between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. He concludes that rather than leaving the judiciary to sort out essentially political issues, politicians need to take responsibility for this crucial aspect of building a just society.

Indigenous Peoples' Land Rights under International Law

Jérémie Gilbert
Indigenous Peoples Land Rights under International Law Book PDF

Author : Jérémie Gilbert
Publisher : BRILL
Page : 349 pages
File Size : 50,5 Mb
Release : 2016-07-08
Category : Law
ISBN : 9789004323254

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Indigenous Peoples' Land Rights under International Law by Jérémie Gilbert Pdf

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.

Indigenous Peoples in International Law

S. James Anaya
Indigenous Peoples in International Law Book PDF

Author : S. James Anaya
Publisher : Unknown
Page : 288 pages
File Size : 41,6 Mb
Release : 1998
Category : Indigenous peoples
ISBN : 1602568227

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Indigenous Peoples in International Law by S. James Anaya Pdf

Annotation In Indigenous Peoples in International Law, James Anaya explores the development and contours of international law as it concerns the world's indigenous peoples, culturally distinctive groups that are descended from the original inhabitants of lands now dominated by others. Anaya demonstratesthat, while historical trends in international law largely facilitated the colonization of indigenous peoples and their lands, modern international law's human rights program has been responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. Over the last several years, the international system--particularly as embodied in the United Nations and other international institutions--has exhibited a renewed and increasingly heightened focus on the concerns of indigenous peoples. Anaya discusses the resulting new generation of internationaltreaty and customary norms, while linking the new and emergent norms with previously existing international human rights standards of general applicability. Anaya further identifies and analyzes institutions and procedures, at both the domestic and international levels, for implementinginternational norms concerning indigenous peoples.

The Rights of Indigenous Peoples in International Law

University of Saskatchewan. Native Law Centre
The Rights of Indigenous Peoples in International Law Book PDF

Author : University of Saskatchewan. Native Law Centre
Publisher : [Saskatoon] : University of Saskatchewan, Native Law Centre
Page : 88 pages
File Size : 52,7 Mb
Release : 1987
Category : Law
ISBN : UOM:39015021958775

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The Rights of Indigenous Peoples in International Law by University of Saskatchewan. Native Law Centre Pdf

Six essays in which specialists in international law examine indigenous peoples' right to self-determination from different perspectives, most of which were first presented at the International Conference on Aboriginal Rights and World Public Order organized by Carleton University and held in Ottawa in 1983. Where possible, updating information has been provided in editor's notes.

Braiding Legal Orders

John Borrows,Larry Chartrand,Oonagh E. Fitzgerald,Risa Schwartz
Braiding Legal Orders Book PDF

Author : John Borrows,Larry Chartrand,Oonagh E. Fitzgerald,Risa Schwartz
Publisher : McGill-Queen's Press - MQUP
Page : 256 pages
File Size : 54,6 Mb
Release : 2023-08-01
Category : Law
ISBN : 9781928096832

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Braiding Legal Orders by John Borrows,Larry Chartrand,Oonagh E. Fitzgerald,Risa Schwartz Pdf

Implementation in Canada of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a pivotal opportunity to explore the relationship between international law, Indigenous peoples' own laws, and Canada's constitutional narratives. Two significant statements by the current Liberal government - the May 2016 address by Indigenous Affairs Minister Carolyn Bennett to the Permanent Forum on Indigenous Issues at the United Nations and the September 2017 address to the United Nations by Prime Minister Justin Trudeau - have endorsed UNDRIP and committed Canada to implementing it as “a way forward” on the path to genuine nation-to-nation relationships with Indigenous peoples. In response, these essays engage with the legal, historical, political, and practical aspects of UNDRIP implementation. Written by Indigenous legal scholars and policy leaders, and guided by the metaphor of braiding international, domestic, and Indigenous laws into a strong, unified whole composed of distinct parts, the book makes visible the possibilities for reconciliation from different angles and under different lenses.

International Law and Indigenous Peoples

S. James Anaya
International Law and Indigenous Peoples Book PDF

Author : S. James Anaya
Publisher : Dartmouth Publishing Company
Page : 0 pages
File Size : 55,8 Mb
Release : 2003
Category : Indigenous peoples
ISBN : 0754621626

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International Law and Indigenous Peoples by S. James Anaya Pdf

One of the most dynamic areas of international law today concerns the rights and status of indigenous peoples. Within the contemporary discourse of international law, the term indigenous is now commonly used in association with a particular class of culturally distinctive groups together with the problems they face; problems that are legacies of historical patterns of invasion and colonization. The essays in this volume have been assembled to promote understanding about the relation of international law to the claims and aspirations that indigenous peoples have posited in the international arena today.

Decolonizing Law

Sujith Xavier,Beverley Jacobs,Valarie Waboose,Jeffery G. Hewitt,Amar Bhatia
Decolonizing Law Book PDF

Author : Sujith Xavier,Beverley Jacobs,Valarie Waboose,Jeffery G. Hewitt,Amar Bhatia
Publisher : Routledge
Page : 271 pages
File Size : 43,5 Mb
Release : 2021-05-24
Category : Law
ISBN : 9781000396553

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Decolonizing Law by Sujith Xavier,Beverley Jacobs,Valarie Waboose,Jeffery G. Hewitt,Amar Bhatia Pdf

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.

Ghost Dancing with Colonialism

Grace Li Xiu Woo
Ghost Dancing with Colonialism Book PDF

Author : Grace Li Xiu Woo
Publisher : UBC Press
Page : 361 pages
File Size : 45,5 Mb
Release : 2011-09-01
Category : Social Science
ISBN : 9780774818902

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Ghost Dancing with Colonialism by Grace Li Xiu Woo Pdf

Some assume that Canada earned a place among postcolonial states in 1982 when it took charge of its Constitution. Yet despite the formal recognition accorded to Aboriginal and treaty rights at that time, Indigenous peoples continue to argue that they are still being colonized. Grace Woo assesses this allegation using a binary model that distinguishes colonial from postcolonial legality. She argues that two legal paradigms governed the expansion of the British Empire, one based on popular consent, the other on conquest and the power to command. Ghost Dancing with Colonialism casts explanatory light on ongoing tensions between Canada and Indigenous peoples.

Indigenous Legal Traditions

Law Commission of Canada
Indigenous Legal Traditions Book PDF

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 53,7 Mb
Release : 2008-01-01
Category : Law
ISBN : 9780774843737

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Indigenous Legal Traditions by Law Commission of Canada Pdf

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.

International Law and Indigenous Peoples

S. James Anaya
International Law and Indigenous Peoples Book PDF

Author : S. James Anaya
Publisher : Unknown
Page : 128 pages
File Size : 53,8 Mb
Release : 2017
Category : Electronic books
ISBN : 1315192721

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International Law and Indigenous Peoples by S. James Anaya Pdf

"This title was first published in 2003. One of the most dynamic areas of international law today concerns the rights and status of indigenous peoples. Within the contemporary discourse of international law, the term indigenous is now commonly used in association with a particular class of culturally distinctive groups together with the problems they face; problems that are legacies of historical patterns of invasion and colonization. The essays in this volume have been assembled to promote understanding about the relation of international law to the claims and aspirations that indigenous peoples have posited in the international arena today."--Provided by publisher.

Aboriginal Title and Indigenous Peoples

Louis A. Knafla,Haijo Westra
Aboriginal Title and Indigenous Peoples Book PDF

Author : Louis A. Knafla,Haijo Westra
Publisher : UBC Press
Page : 280 pages
File Size : 44,8 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780774859295

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Aboriginal Title and Indigenous Peoples by Louis A. Knafla,Haijo Westra Pdf

Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.

North American Genocides

Laurelyn Whitt,Alan W. Clarke
North American Genocides Book PDF

Author : Laurelyn Whitt,Alan W. Clarke
Publisher : Cambridge University Press
Page : 267 pages
File Size : 40,6 Mb
Release : 2019-08
Category : History
ISBN : 9781108425506

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North American Genocides by Laurelyn Whitt,Alan W. Clarke Pdf

Argues that North American settler colonialism included episodes of genocide of Indigenous peoples as defined by the United Nations Genocide Convention.