Indigenous Legalities Pipeline Viscosities

Author : Tyler McCreary
Publisher : University of Alberta
Page : 377 pages
File Size : 43,5 Mb
Release : 2024-03-05
Category : Law
ISBN : 9781772127041

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Indigenous Legalities, Pipeline Viscosities by Tyler McCreary Pdf

Indigenous Legalities, Pipeline Viscosities examines the relationship between the Wet’suwet’en and hydrocarbon pipeline development, showing how colonial governments and corporations seek to control Indigenous claims and how the Wet'suwet'en resist. Tyler McCreary explores pipeline regulatory review processes, reviews attempts to reconcile Indigeneity with development, and asks fundamental questions about territory and jurisdiction. In the process, he offers historical context for the continuing influences of colonialism on Indigenous peoples. Throughout, McCreary demonstrates how the cyclical movements between resistance and reconciliation are affected by the unequal relations between Indigenous peoples, colonial governments, and development operations. This sophisticated analysis invites readers to consider the complex realities of Indigenous and Wet’suwet’en law, as well as the politics of pipeline development.

Author : Tyler McCreary
Publisher : University of Alberta
Page : 371 pages
File Size : 50,6 Mb
Release : 2024-04-02
Category : Political Science
ISBN : 9781772127270

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Indigenous Legalities, Pipeline Viscosities by Tyler McCreary Pdf

Indigenous Legalities, Pipeline Viscosities examines the relationship between the Wet’suwet’en and hydrocarbon pipeline development, showing how colonial governments and corporations seek to control Indigenous claims and how the Wet'suwet'en resist. Tyler McCreary explores pipeline regulatory review processes, reviews attempts to reconcile Indigeneity with development, and asks fundamental questions about territory and jurisdiction. In the process, he offers historical context for the continuing influences of colonialism on Indigenous peoples. Throughout, McCreary demonstrates how the cyclical movements between resistance and reconciliation are affected by the unequal relations between Indigenous peoples, colonial governments, and development operations. This sophisticated analysis invites readers to consider the complex realities of Indigenous and Wet’suwet’en law, as well as the politics of pipeline development.

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 45,7 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.

Author : Nicholas Blomley
Publisher : Taylor & Francis
Page : 109 pages
File Size : 46,9 Mb
Release : 2022-08-31
Category : Law
ISBN : 9781000780819

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Territory by Nicholas Blomley Pdf

This book introduces readers to the concept of territory as it applies to law while demonstrating the particular work that territory does in organizing property relations. Territories can be found in all societies and at all scales, although they take different forms. The concern here is on the use of territories in organizing legal relations. Law, as a form of power, often works through a variety of territorial strategies, serving multiple legal functions, such as attempts at creating forms of desired behaviour. Landed property, in Western society, is often highly territorial, reliant on sharply policed borders and spatial exclusion. But rather than thinking of territory as obvious and given or as a natural phenomenon, this book focuses particularly on its relation to property to argue that territory is both a social product, and a specific technology that organizes social relations. That is: territory is not simply an outcome of property relations but a strategic means by which such relations are communicated, imagined, legitimized, enforced, naturalized and contested. Accessible to students, this book will be of interest to those working in the areas of sociolegal studies, geography, urban studies, and politics.

Author : S. James Anaya
Publisher : Unknown
Page : 171 pages
File Size : 48,6 Mb
Release : 2003
Category : Indigenous peoples
ISBN : OCLC:1046855360

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Indigenous Peoples in International Law by S. James Anaya Pdf

Author : KERRY. WILKINS
Publisher : Unknown
Page : 128 pages
File Size : 51,6 Mb
Release : 2018
Category : Electronic
ISBN : 0779886224

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ESSENTIALS OF CANADIAN ABORIGINAL LAW. by KERRY. WILKINS Pdf

Author : Professor Kirsten Anker
Publisher : Ashgate Publishing, Ltd.
Page : 249 pages
File Size : 51,8 Mb
Release : 2014-10-28
Category : Law
ISBN : 9781472406262

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Declarations of Interdependence by Professor Kirsten Anker Pdf

This book takes up the postcolonial challenge for law and explains how the problems of legal recognition for Indigenous peoples are tied to an orthodox theory of law. Constructing a theory of legal pluralism that is both critical of law's epistemological and ontological presuppositions, as well as discursive in engaging a dialogue between legal traditions, Anker focusses on prominent aspects of legal discourse and process such as sovereignty, proof, cultural translation and negotiation. With case studies and examples principally drawn from Australia and Canada, the book seeks to set state law in front of its own reflection in the mirror of Indigenous rights, drawing on a broad base of scholarship in addition to legal theory, from philosophy, literary studies, anthropology, social theory, Indigenous studies and art. As a contribution to legal theory, the study advances legal pluralist approaches not just by imagining a way to ‘make space for’ Indigenous legal traditions, but by actually working with their insights in building theory. The book will be of value to students and researchers interested in Indigenous rights as well as those working in the areas of socio-legal studies, legal pluralism and law and cultural diversity.

Author : Benjamin J Richardson,Shin Imai,Kent McNeil
Publisher : Bloomsbury Publishing
Page : 446 pages
File Size : 54,5 Mb
Release : 2009-03-18
Category : Law
ISBN : 9781509942206

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Indigenous Peoples and the Law by Benjamin J Richardson,Shin Imai,Kent McNeil Pdf

Indigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples. The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory. Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places.

Author : John Borrows
Publisher : University of Toronto Press
Page : 390 pages
File Size : 41,8 Mb
Release : 2019-01-01
Category : Law
ISBN : 9781487523558

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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.

Author : John Borrows,Larry Chartrand,Oonagh E. Fitzgerald,Risa Schwartz
Publisher : McGill-Queen's Press - MQUP
Page : 256 pages
File Size : 55,5 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.

Author : John Borrows
Publisher : University of Toronto Press
Page : 326 pages
File Size : 54,5 Mb
Release : 2017-06-22
Category : Law
ISBN : 9781487516758

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Recovering Canada by John Borrows Pdf

Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.

Author : Jennifer Hendry,Melissa L. Tatum,Miriam Jorgensen,Deirdre Howard-Wagner
Publisher : Springer
Page : 232 pages
File Size : 45,7 Mb
Release : 2018-05-18
Category : Social Science
ISBN : 9781137606457

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Indigenous Justice by Jennifer Hendry,Melissa L. Tatum,Miriam Jorgensen,Deirdre Howard-Wagner Pdf

This highly topical collection of essays addresses contemporary issues facing Indigenous communities from a broad range of multi- and interdisciplinary perspectives. Drawing from across the social sciences and humanities, this important volume challenges the established norms, theories, and methodologies within the field, and argues for the potential of a multidimensional approach to solving problems of Indigenous justice. Stemming from an international conference on ‘Spaces of Indigenous Justice’, Indigenous Justice is richly illustrated with case studies and comprises contributions from scholars working across the fields of law, socio-legal studies, sociology, public policy, politico-legal theory, and Indigenous studies. As such, the editors of this timely and engaging volume draw upon a wide range of experience to argue for a radical shift in how we engage with Indigenous studies.

Author : Jérémie Gilbert
Publisher : BRILL
Page : 352 pages
File Size : 51,9 Mb
Release : 2007-03-23
Category : Law
ISBN : 9789047431305

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

This book analyses whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories.

Author : Rhiannon Morgan
Publisher : Ashgate Publishing, Ltd.
Page : 218 pages
File Size : 51,9 Mb
Release : 2011
Category : Political Science
ISBN : 0754674452

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Transforming Law and Institution by Rhiannon Morgan Pdf

"In the past thirty or so years, discussions of the status and rights of indigenous peoples have come to the forefront of the United Nations human rights agenda. During this period, indigenous peoples have emerged as legitimate subjects of international law with rights to exist as distinct peoples. At the same time, we have witnessed the establishment of a number of UN fora and mechanisms on indigenous issues, including the UN Permanent Forum on Indigenous Issues, all pointing to the importance that the UN has come to place on the promotion and protection of indigenous peoples' rights. Morgan describes, analyses, and evaluates the efforts of the global indigenous movement to engender changes in UN discourse and international law on indigenous peoples' rights and to bring about certain institutional developments reflective of a heightened international concern. By the same token, focusing on the interaction of the global indigenous movement with the UN system, this book examines the reverse influence, that is, the ways in which interacting with the UN system has influenced the claims, tactical repertoires, and organizational structures of the movement"--Provided by publisher.

Author : Vanessa Tünsmeyer
Publisher : Springer Nature
Page : 527 pages
File Size : 46,7 Mb
Release : 2022-01-25
Category : Law
ISBN : 9783030890476

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Repatriation of Sacred Indigenous Cultural Heritage and the Law by Vanessa Tünsmeyer Pdf

This book examines the ways in which law can be used to structure the return of indigenous sacred cultural heritage to indigenous communities, referred to as repatriation in this volume. In particular, it aims at developing legal structures that align repatriation with contemporary international human rights standards. To do so, it gathers the most valuable lessons learned from different repatriation laws and frameworks adopted in the United States and Canada. In both countries, very different ways of approaching repatriation have been used for several decades, highlighting the context-dependent nature of repatriation. The volume is divided into four parts, looking first at international law, then at the national legal landscape in the United States, followed by Canada, before the different repatriation models are evaluated against the backdrop of human rights law standards. Emphasis is placed not only on repatriation-specific legislation but also on the legal context in which it was developed and operates. In turn, the fourth part develops various models on the basis of these experiences that can be aligned with contemporary indigenous and cultural rights. The book ends by considering the models’ suitability for international repatriation and the lessons that can be learned from them. The primary audience includes those addressing the legal hurdles to repatriation, be they researchers, policymakers, communities, or museums.