Intercultural Dispute Resolution In Aboriginal Contexts

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Intercultural Dispute Resolution in Aboriginal Contexts

Author : Catherine Bell,David Kahane
Publisher : UBC Press
Page : 393 pages
File Size : 47,7 Mb
Release : 2013-01-01
Category : Law
ISBN : 9780774859981

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Intercultural Dispute Resolution in Aboriginal Contexts by Catherine Bell,David Kahane Pdf

In the last twenty years, there has been a growing interest in alternative dispute resolution (ADR), as scholars and practitioners seek more effective, context-sensitive approaches to conflict. Where formerly conflict was tackled and “resolved” in formal legal settings and with an adversarial spirit, more conciliatory approaches – negotiation, mediation, problem-solving, and arbitration – are now gaining favour. These new methods are proving especially appropriate in intercultural contexts, particularly for Aboriginal land claims, self-government, and community-based disputes. The essays collected here by Catherine Bell and David Kahane provide a balanced view of ADR, exploring its opportunities and effectiveness alongside its challenges and limits. The essays are international in scope, with examples of efforts at dispute resolution involving Inuit and Arctic peoples, Dene, Gitxsan and Wet’suwet’en, Tsuu T’ina, Cree, Metis, Navajo, Maori, Aboriginal Australians, and Torres Strait Islanders. With contributions from Aboriginal and non-Aboriginal theorists and practitioners, Intercultural Dispute Resolution in Aboriginal Contexts presents an array of insightful perspectives. This book will appeal to students and scholars of Aboriginal law and alternative dispute resolution; legal and political theorists; dispute resolution practitioners; and anyone involved in struggles around land claims, treaty, and self-government agreements in Canada or abroad.

Indigenous Peoples and the Law

Author : Benjamin J Richardson,Shin Imai,Kent McNeil
Publisher : Bloomsbury Publishing
Page : 446 pages
File Size : 51,9 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.

Indigenous Legal Traditions

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 50,9 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.

Toward an Understanding of Aboriginal Peacemaking

Author : Richard Price,Cynthia Dunnigan,UVic Institute for Dispute Resolution
Publisher : UVIC Institute for Dispute Resolution
Page : 82 pages
File Size : 50,9 Mb
Release : 1995
Category : Conflict management
ISBN : PSU:000025424096

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Toward an Understanding of Aboriginal Peacemaking by Richard Price,Cynthia Dunnigan,UVic Institute for Dispute Resolution Pdf

Contemporary Alternative Dispute Resolution Processes: intra-tribal peacemaking and community sentencing panels: The peacemaking and informal dispute resolution within the Salish Tribes of the Pacific Northwest (Washington's Puget Sound and Peninsula) -- Canadian Community Sentencing Panels: Alberta's Native Youth Justice Committees and Yukon's Sentencing Circles -- The Navajo Peacemaker Court.

Mediation in the Asia-Pacific Region

Author : Dale Bagshaw,Elisabeth Porter
Publisher : Routledge
Page : 241 pages
File Size : 52,9 Mb
Release : 2009-09-10
Category : Political Science
ISBN : 9781134009985

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Mediation in the Asia-Pacific Region by Dale Bagshaw,Elisabeth Porter Pdf

This book examines mediation in connection with peacebuilding in the Asia-Pacific region, providing practical examples which either highlight the weaknesses within certain mediation approaches or demonstrate best-practice. The authors explore the extent to which current ideas and practices of mediation in the Asia-Pacific region are dominated by Western understandings and critically challenge the appropriateness of such thinking. Featuring a range of case studies on Fiji, Vanuatu, Papua New Guinea, Malaysia, Vietnam, China, Singapore, Indonesia, the Philippines and Thailand, this book has three main aims: To challenge dominant Western practices and ways of thinking on mediation that currently are being imposed in the Asia-Pacific region; To develop culturally-fluent and socially just mediation alternatives that build upon local, traditional or religious approaches; To situate mediation within ideas and practices on peacebuilding. Making a unique contribution to peace and conflict studies literature by explicitly linking mediation and peacebuilding practices, this book is a vital text for students and scholars in these fields.

Protection of First Nations Cultural Heritage

Author : Catherine Bell,Robert Paterson
Publisher : UBC Press
Page : 463 pages
File Size : 48,7 Mb
Release : 2009-05-01
Category : Law
ISBN : 9780774858595

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Protection of First Nations Cultural Heritage by Catherine Bell,Robert Paterson Pdf

Indigenous peoples around the world are seeking greater control over tangible and intangible cultural heritage. In Canada, issues concerning repatriation and trade of material culture, heritage site protection, treatment of ancestral remains, and control over intangible heritage are governed by a complex legal and policy environment. This volume looks at the key features of Canadian, US, and international law influencing indigenous cultural heritage in Canada. Legal and extralegal avenues for reform are examined and opportunities and limits of existing frameworks are discussed. Is a radical shift in legal and political relations necessary for First Nations concerns to be meaningfully addressed?

Intercultural Deliberation and the Politics of Minority Rights

Author : R.E. Lowe-Walker
Publisher : UBC Press
Page : 236 pages
File Size : 43,5 Mb
Release : 2018-01-15
Category : Political Science
ISBN : 9780774832878

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Intercultural Deliberation and the Politics of Minority Rights by R.E. Lowe-Walker Pdf

Achieving socio-political cohesion in a community with significant ethnic, cultural, and religious diversity is a challenge in contemporary liberal democracies. Public policies and institutions shaped by the needs of the majority can inadvertently marginalize minority interests. Intercultural Deliberation and the Politics of Minority Rights articulates a type of political deliberation designed to mitigate this problem. Instead of asking what the liberal state can tolerate, R.E. Lowe-Walker asks how our understanding of difference affects our interpretation of minority claims, shifting the focus toward inclusive deliberations. This important work serves as a measure of social justice and a vehicle for social change.

Unsettling the Settler Within

Author : Paulette Regan
Publisher : UBC Press
Page : 317 pages
File Size : 50,9 Mb
Release : 2010-12-22
Category : Social Science
ISBN : 9780774859646

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Unsettling the Settler Within by Paulette Regan Pdf

In 2008 the Canadian government apologized to the victims of the notorious Indian residential school system, and established a Truth and Reconciliation Commission whose goal was to mend the deep rifts between Aboriginal peoples and the settler society that engineered the system. Unsettling the Settler Within argues that in order to truly participate in the transformative possibilities of reconciliation, non-Aboriginal Canadians must undergo their own process of decolonization. They must relinquish the persistent myth of themselves as peacemakers and acknowledge the destructive legacy of a society that has stubbornly ignored and devalued Indigenous experience. Today’s truth and reconciliation processes must make space for an Indigenous historical counter-narrative in order to avoid perpetuating a colonial relationship between Aboriginal and settler peoples. A compassionate call to action, this powerful book offers all Canadians – both Indigenous and not – a new way of approaching the critical task of healing the wounds left by the residential school system.

The Routledge Handbook of Intercultural Mediation

Author : Dominic Busch
Publisher : Taylor & Francis
Page : 529 pages
File Size : 44,7 Mb
Release : 2022-11-15
Category : Business & Economics
ISBN : 9781000771732

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The Routledge Handbook of Intercultural Mediation by Dominic Busch Pdf

Offering unique coverage of an emerging, interdisciplinary area, this comprehensive handbook examines the theoretical underpinnings and emergent conceptions of intercultural mediation in related fields of study. Authored by global experts in fields from intercultural communication and conflict resolution to translation studies, literature, political science, and foreign language teaching, chapters trace the history, development, and present state of approaches to intercultural mediation. The sections in this volume show how the concept of intercultural mediation has been constructed among different fields and shaped by its specific applications in an open cycle of influence. The book parses different philosophical conceptions as well as pragmatic approaches, providing ample grounding in the key perspectives on this growing field of discourse. The Routledge Handbook of Intercultural Mediation is a valuable reference for graduate and postgraduate students studying mediation, conflict resolution, intercultural communication, translation, and psychology, as well as for practitioners and researchers in those fields and beyond.

Indigenous Conflict Management Strategies

Author : Akanmu G. Adebayo,Jesse J. Benjamin,Brandon D. Lundy
Publisher : Lexington Books
Page : 316 pages
File Size : 41,6 Mb
Release : 2014-04-04
Category : Political Science
ISBN : 9780739188057

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Indigenous Conflict Management Strategies by Akanmu G. Adebayo,Jesse J. Benjamin,Brandon D. Lundy Pdf

We know that since the end of the Cold War, conflicts in non-Western countries have been frequent, frequently violent, largely intra-state, and protracted. But what do we know about conflict management and resolution strategies in these societies? Have the dominant Western approaches been transplantable, suitable, effective, durable, and sustainable? Would conflicts in non-Western societies be better handled by the adaptation and adoption of customary, traditional, or localized mechanisms of mitigation? These and similar questions have engaged the attention of scholars and policy-makers. Indigenous Conflict Management Strategies: Global Perspectives is offered as a global compendium on indigenous conflict management strategies. It presents diverse perspectives on the subject. Fully aware of the tendency in the literature to over-generalize, over-romanticize, and over-criticize the localized and customary mechanisms, the book takes a slightly different approach. It presents a variety of traditional conflict management approaches as well as several cases of the successful integration of the indigenous and Western strategies in the contemporary period. The main features, strengths, challenges, and weaknesses of a multitude of indigenous systems are also presented.

Handbook of Research on Strategic Communication, Leadership, and Conflict Management in Modern Organizations

Author : Normore, Anthony,Javidi, Mitch,Long, Larry
Publisher : IGI Global
Page : 553 pages
File Size : 53,9 Mb
Release : 2019-03-08
Category : Business & Economics
ISBN : 9781522585176

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Handbook of Research on Strategic Communication, Leadership, and Conflict Management in Modern Organizations by Normore, Anthony,Javidi, Mitch,Long, Larry Pdf

As communication and leadership skills are both essential for personal and organizational success, new approaches and management styles are continuously being sought. Emerging technologies, automation opportunities, and a diverse workforce are just a few of the challenges business professionals must be prepared for in today’s workplace environment. The Handbook of Research on Strategic Communication, Leadership, and Conflict Management in Modern Organizations provides emerging research exploring the theoretical and practical aspects of managing and solving conflicts, and introduces updated approaches for refining communication and leadership skills. Featuring coverage on a broad range of topics such as emotional intelligence, organizational crises, and virtual team management, this book is ideally designed for professionals, leaders, managers, and human resource specialists seeking current research on developing the skills and consciousness needed to effectively communicate, negotiate, and collaborate in diverse organizations.

Evaluation of the Intercultural Dispute Resolution Pilot Project

Author : Tim Roberts,UVic Institute for Dispute Resolution
Publisher : Unknown
Page : 128 pages
File Size : 46,9 Mb
Release : 1994
Category : Conflict management
ISBN : 1550580698

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Evaluation of the Intercultural Dispute Resolution Pilot Project by Tim Roberts,UVic Institute for Dispute Resolution Pdf

Aboriginal Dispute Resolution

Author : Ian Darling
Publisher : Unknown
Page : 98 pages
File Size : 54,7 Mb
Release : 1997
Category : Conflict management
ISBN : IND:30000057467981

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Aboriginal Dispute Resolution by Ian Darling Pdf

Authenticity in Culture, Self, and Society

Author : J. Patrick Williams
Publisher : Routledge
Page : 285 pages
File Size : 55,8 Mb
Release : 2016-12-05
Category : Social Science
ISBN : 9781351956659

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Authenticity in Culture, Self, and Society by J. Patrick Williams Pdf

Across sociology and cultural studies in particular, the concept of authenticity has begun to occupy a central role, yet in spite of its popularity as an ideal and philosophical value authenticity notably suffers from a certain vagueness, with work in this area tending to borrow ideas from outside of sociology, whilst failing to present empirical studies which centre on the concept itself. Authenticity in Culture, Self, and Society addresses the problems surrounding this concept, offering a sociological analysis of it for the first time in order to provide readers in the social and cultural sciences with a clear conceptualization of authenticity and with a survey of original empirical studies focused on its experience, negotiation, and social relevance at the levels of self, culture and specific social settings.