Creating Indigenous Property

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Creating Indigenous Property

Angela Cameron,Sari Graben,Val Napoleon
Creating Indigenous Property Book PDF

Author : Angela Cameron,Sari Graben,Val Napoleon
Publisher : University of Toronto Press
Page : 385 pages
File Size : 51,5 Mb
Release : 2020-11-03
Category : Law
ISBN : 9781487532130

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Creating Indigenous Property by Angela Cameron,Sari Graben,Val Napoleon Pdf

While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.

Creating Indigenous Property

Angela Cameron,Sari Graben,Val Napoleon
Creating Indigenous Property Book PDF

Author : Angela Cameron,Sari Graben,Val Napoleon
Publisher : Unknown
Page : 0 pages
File Size : 40,8 Mb
Release : 2020
Category : Business & Economics
ISBN : 1487505450

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Creating Indigenous Property by Angela Cameron,Sari Graben,Val Napoleon Pdf

Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics.

Empire and the Making of Native Title

Bain Attwood
Empire and the Making of Native Title Book PDF

Author : Bain Attwood
Publisher : Cambridge University Press
Page : 457 pages
File Size : 52,7 Mb
Release : 2020-07-16
Category : History
ISBN : 9781108478298

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Empire and the Making of Native Title by Bain Attwood Pdf

This book provides a strikingly original explanation of the Britain's treatment of sovereignty and native title in its Australasian colonies.

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 : 43,9 Mb
Release : 2008
Category : Law
ISBN : 9780774855778

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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.

Inalienable Properties

Jamie Baxter
Inalienable Properties Book PDF

Author : Jamie Baxter
Publisher : UBC Press
Page : 226 pages
File Size : 48,5 Mb
Release : 2020-05-31
Category : Law
ISBN : 9780774863452

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Inalienable Properties by Jamie Baxter Pdf

Inalienable Properties explores contrasting approaches to property rights by four Indigenous communities to illustrate how inalienability – restrictions on the ability to buy and sell land – is linked to community leadership and decision-making structures that have long-lasting consequences for communities. Drawing on new research about institutional change in organizational settings, Jamie Baxter explores when and how community leaders have sustained inalienable land rights without turning to either persuasion or coercive force – the two levers of power normally associated with political leadership. He also challenges the view that liberalized land markets are the inevitable result of legal and economic change.

Law's Indigenous Ethics

John Borrows
Law s Indigenous Ethics Book PDF

Author : John Borrows
Publisher : University of Toronto Press
Page : 390 pages
File Size : 53,6 Mb
Release : 2019-05-06
Category : Law
ISBN : 9781487531157

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Law's Indigenous Ethics by John Borrows Pdf

Law’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.

Beyond the Indian Act

Tom Flanagan,Christopher Alcantara,André Le Dressay
Beyond the Indian Act Book PDF

Author : Tom Flanagan,Christopher Alcantara,André Le Dressay
Publisher : McGill-Queen's Press - MQUP
Page : 317 pages
File Size : 48,6 Mb
Release : 2010-02-08
Category : Social Science
ISBN : 9780773581845

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Beyond the Indian Act by Tom Flanagan,Christopher Alcantara,André Le Dressay Pdf

The authors not only investigate the current forms of property rights on reservations but also expose the limitations of each system, showing that customary rights are insecure, certificates of possession cannot be sold outside the First Nation, and leases are temporary. As well, analysis of legislation, court decisions, and economic reports reveals that current land management has led to unnecessary economic losses. The authors propose creation of a First Nations Property Ownership Act that would make it possible for First Nations to take over full ownership of reserve lands from the Crown, arguing that permitting private property on reserves would provide increased economic advantages. An engaging and well-reasoned book, Beyond the Indian Act is a bold argument for a new system that could improve the quality of life for First Nations people in communities across the country.

Property Rights, Indigenous People and the Developing World

David Lea
Property Rights Indigenous People and the Developing World Book PDF

Author : David Lea
Publisher : BRILL
Page : 306 pages
File Size : 52,8 Mb
Release : 2008-06-25
Category : Law
ISBN : 9789047433453

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Property Rights, Indigenous People and the Developing World by David Lea Pdf

This work offers an analysis of the Western formal system of private property and its moral justification and explains the relevance of the institution to particular current issues that face aboriginal peoples and the developing world. The subjects under study include broadly: aboriginal land claims; third world development; intellectual property rights and the relatively recent TRIPs agreement (Trade related Aspects of Intellectual Property Rights). Within these broad areas we highlight the following concerns: the maintenance of cultural integrity; group autonomy; economic benefit; access to health care; biodiversity; biopiracy and even the independence of the recently emerged third world nation states. Despite certain apparent advantages from embracing the Western institution of private ownership, the text explains that the Western institution of private property is undergoing a fundamental redefinition through the expansion.

Indigenous Research of Land, Self, and Spirit

Throne, Robin
Indigenous Research of Land Self and Spirit Book PDF

Author : Throne, Robin
Publisher : IGI Global
Page : 301 pages
File Size : 44,8 Mb
Release : 2020-12-04
Category : Social Science
ISBN : 9781799837312

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Indigenous Research of Land, Self, and Spirit by Throne, Robin Pdf

Indigenous cultures meticulously protect and preserve their traditions. Those traditions often have deep connections to the homelands of indigenous peoples, thus forming strong relationships between culture, land, and communities. Autoethnography can help shed light on the nature and complexity of these relationships. Indigenous Research of Land, Self, and Spirit is a collection of innovative research that focuses on the ties between indigenous cultures and the constructs of land as self and agency. It also covers critical intersectional, feminist, and heuristic inquiries across a variety of indigenous peoples. Highlighting a broad range of topics including environmental studies, land rights, and storytelling, this book is ideally designed for policymakers, academicians, students, and researchers in the fields of sociology, diversity, anthropology, environmentalism, and history.

Indigenous Peoples and Real Estate Valuation

Robert A. Simons,Rachel M. Malmgren,Garrick Small
Indigenous Peoples and Real Estate Valuation Book PDF

Author : Robert A. Simons,Rachel M. Malmgren,Garrick Small
Publisher : Springer Science & Business Media
Page : 303 pages
File Size : 46,8 Mb
Release : 2009-01-07
Category : Business & Economics
ISBN : 9780387779386

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Indigenous Peoples and Real Estate Valuation by Robert A. Simons,Rachel M. Malmgren,Garrick Small Pdf

Sponsored by the American Real Estate Society (ARES), Indigenous Peoples and Real Estate Valuation addresses a wide variety of timely issues relating to property ownership, rights, and use, including: ancestral burial, historical record of occupancy, treaty implementation problems, eminent domain, the effects of large governmental change, financing projects under formal and informal title or deed document systems, exclusive ownership vs. non-exclusive use rights, public land ownership, tribal or family land claims, insurgency and war, legal systems of ownership, prior government expropriation of lands, moral obligation to indigenous peoples, colonial occupation, and common land leases. These issues can also be broadly grouped into topics, such as conflict between indigenous and western property rights, communal land ownership, land transfer by force, legacy issues related to past colonization and apartheid, and metaphysical/indigenous land value.

Elements of Indigenous Style

Gregory Younging
Elements of Indigenous Style Book PDF

Author : Gregory Younging
Publisher : Brush Education
Page : 162 pages
File Size : 46,7 Mb
Release : 2018-03-01
Category : Language Arts & Disciplines
ISBN : 9781550597165

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Elements of Indigenous Style by Gregory Younging Pdf

Elements of Indigenous Style offers Indigenous writers and editors—and everyone creating works about Indigenous Peoples—the first published guide to common questions and issues of style and process. Everyone working in words or other media needs to read this important new reference, and to keep it nearby while they’re working. This guide features: - Twenty-two succinct style principles. - Advice on culturally appropriate publishing practices, including how to collaborate with Indigenous Peoples, when and how to seek the advice of Elders, and how to respect Indigenous Oral Traditions and Traditional Knowledge. - Terminology to use and to avoid. - Advice on specific editing issues, such as biased language, capitalization, and quoting from historical sources and archives. - Case studies of projects that illustrate best practices.

Indigenous Data Sovereignty

Tahu Kukutai,John Taylor
Indigenous Data Sovereignty Book PDF

Author : Tahu Kukutai,John Taylor
Publisher : ANU Press
Page : 344 pages
File Size : 50,5 Mb
Release : 2016-11-14
Category : Social Science
ISBN : 9781760460310

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Indigenous Data Sovereignty by Tahu Kukutai,John Taylor Pdf

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

Reclaiming Indigenous Planning

Ryan Walker,Ted Jojola
Reclaiming Indigenous Planning Book PDF

Author : Ryan Walker,Ted Jojola
Publisher : McGill-Queen's Press - MQUP
Page : 655 pages
File Size : 45,6 Mb
Release : 2013-09-01
Category : Social Science
ISBN : 9780773589940

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Reclaiming Indigenous Planning by Ryan Walker,Ted Jojola Pdf

Centuries-old community planning practices in Indigenous communities in Canada, the United States, New Zealand, and Australia have, in modern times, been eclipsed by ill-suited western approaches, mostly derived from colonial and neo-colonial traditions. Since planning outcomes have failed to reflect the rights and interests of Indigenous people, attempts to reclaim planning have become a priority for many Indigenous nations throughout the world. In Reclaiming Indigenous Planning, scholars and practitioners connect the past and present to facilitate better planning for the future. With examples from the Canadian Arctic to the Australian desert, and the cities, towns, reserves and reservations in between, contributors engage topics including Indigenous mobilization and resistance, awareness-raising and seven-generations visioning, Indigenous participation in community planning processes, and forms of governance. Relying on case studies and personal narratives, these essays emphasize the critical need for Indigenous communities to reclaim control of the political, socio-cultural, and economic agendas that shape their lives. The first book to bring Indigenous and non-Indigenous authors together across continents, Reclaiming Indigenous Planning shows how urban and rural communities around the world are reformulating planning practices that incorporate traditional knowledge, cultural identity, and stewardship over land and resources. Contributors include Robert Adkins (Community and Economic Development Consultant, USA), Chris Andersen (Alberta), Giovanni Attili (La Sapienza), Aaron Aubin (Dillon Consulting), Shaun Awatere (Landcare Research, New Zealand), Yale Belanger (Lethbridge), Keith Chaulk (Memorial), Stephen Cornell (Arizona), Sherrie Cross (Macquarie), Kim Doohan (Native Title and Resource Claims Consultant, Australia), Kerri Jo Fortier (Simpcw First Nation), Bethany Haalboom (Victoria University, New Zealand), Lisa Hardess (Hardess Planning Inc.), Garth Harmsworth (Landcare Research, New Zealand), Sharon Hausam (Pueblo of Laguna), Michael Hibbard (Oregon), Richard Howitt (Macquarie), Ted Jojola (New Mexico), Tanira Kingi (AgResearch, New Zealand), Marcus Lane (Griffith), Rebecca Lawrence (Umea), Gaim Lunkapis (Malaysia Sabah), Laura Mannell (Planning Consultant, Canada), Hirini Matunga (Lincoln University, New Zealand), Deborah McGregor (Toronto), Oscar Montes de Oca (AgResearch, New Zealand), Samantha Muller (Flinders), David Natcher (Saskatchewan), Frank Palermo (Dalhousie), Robert Patrick (Saskatchewan), Craig Pauling (Te Runanga o Ngai Tahu), Kurt Peters (Oregon State), Libby Porter (Monash), Andrea Procter (Memorial), Sarah Prout (Combined Universities Centre for Rural Health, Australia), Catherine Robinson (Commonwealth Scientific and Industrial Research Organization, Australia), Shadrach Rolleston (Planning Consultant, New Zealand), Leonie Sandercock (British Columbia), Crispin Smith (Planning Consultant, Canada), Sandie Suchet-Pearson (Macquarie), Siri Veland (Brown), Ryan Walker (Saskatchewan), Liz Wedderburn (AgResearch, New Zealand).

Indigenous Peoples' Cultural Property Claims

Karolina Kuprecht
Indigenous Peoples Cultural Property Claims Book PDF

Author : Karolina Kuprecht
Publisher : Springer Science & Business Media
Page : 241 pages
File Size : 50,5 Mb
Release : 2013-11-19
Category : Law
ISBN : 9783319016559

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Indigenous Peoples' Cultural Property Claims by Karolina Kuprecht Pdf

This book analyses the legal aspects of international claims by indigenous peoples for the repatriation of their cultural property, and explores what legal norms and normative orders would be appropriate for resolving these claims. To establish context, the book first provides insights into the exceptional legislative responses to the cultural property claims of Native American tribes in the United States and looks at the possible relevance of this national law on the international level. It then shifts to the multinational setting by using the method of legal pluralism and takes into consideration international human rights law, international cultural heritage law, the applicable national laws in the United Kingdom, France and Switzerland, transnational law such as museum codes, and decision-making in extra-legal procedures. In the process, the book reveals the limits of the law in dealing with the growing imperative of human rights in the field, and concludes with three basic insights that are of key relevance for improving the law and decision-making with regard to indigenous peoples’ cultural property.​

Indigenous Intellectual Property

Matthew Rimmer
Indigenous Intellectual Property Book PDF

Author : Matthew Rimmer
Publisher : Edward Elgar Publishing
Page : 752 pages
File Size : 53,6 Mb
Release : 2015-12-18
Category : LAW
ISBN : 9781781955901

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Indigenous Intellectual Property by Matthew Rimmer Pdf

Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.