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Author : New Zealand. Waitangi Tribunal
Publisher : Unknown
Page : 202 pages
File Size : 49,7 Mb
Release : 2004
Category : Law
ISBN : 1869562720
This report is the outcome of an urgent inquiry into the Crowns̉ policy for the foreshore and seabed of Aotearoa-New Zealand.
Author : Claire Charters,Andrew Erueti
Publisher : Victoria University Press
Page : 228 pages
File Size : 54,8 Mb
Release : 2007
Category : History
ISBN : 0864735537
Exploring an issue of international significance, this collection of essays addresses the reconciliation of the pre-existing, inherent rights of indigenous peoples with those held and asserted by the state. Focusing upon the Maori tribes of New Zealand, topics include the historical origins of the Ngati Apa decision--one of the most controversial modern decisions on Maori rights--how the Foreshore and Seabed Act (FSA) compares with schemes created in other countries with indigenous inhabitants, how the FSA has led to major changes in the country's political landscape, and how it stacks up against international human rights and environmental laws. This detailed study also explores New Zealand's legislation and how it has undermined the rights of Maori tribes, tipping the reconciliation process too far in favor of the state.
Author : Louis A. Knafla,Haijo Westra
Publisher : UBC Press
Page : 280 pages
File Size : 43,7 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780774859295
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.
Author : Robert J. Miller,Jacinta Ruru,Larissa Behrendt,Tracey Lindberg
Publisher : OUP Oxford
Page : 1396 pages
File Size : 55,7 Mb
Release : 2012-01-05
Category : Law
ISBN : 9780191627637
This book presents new material and shines fresh light on the under-explored historical and legal evidence about the use of the doctrine of discovery in Australia, Canada, New Zealand and the United States. North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. When Europeans set out to explore and exploit new lands in the fifteenth through to the twentieth centuries, they justified their sovereign and property claims over these territories and the indigenous peoples with the discovery doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and races of the world. The doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of indigenous peoples and gained political and commercial rights over the inhabitants. The English colonial governments and colonists in North America, New Zealand and Australia all utilised this doctrine, and still use it today to assert legal rights to indigenous lands and to assert control over indigenous peoples. Written by indigenous legal academics - an American Indian from the Eastern Shawnee Tribe, a New Zealand Maori (Ngati Rawkawa and Ngai Te Rangi), an Indigenous Australian, and a Cree (Neheyiwak) in the country now known as Canada, Discovering Indigenous Lands provides a unique insight into the insidious historical and contemporary application of the doctrine of discovery.
Author : Nan Seuffert
Publisher : Routledge
Page : 278 pages
File Size : 47,5 Mb
Release : 2018-02-06
Category : Law
ISBN : 9781351154741
Presenting a unique blend of historical and contemporary research from a range of interdisciplinary and theoretical analysis, this book examines the intersection of 'race', gender and national identity. Focusing on New Zealand, the book highlights the ways in which shifts in national identity shape and limit legal claims for redress for historical racial injustices internationally. Key features: * Analyzes the identity configurations produced by New Zealand's process of 'settling' colonial injustices and highlights the wider relevance for other groups such as Australian aborigines and Native Americans. * Traces the connections and discontinuities between the free trade imperialism of the mid-19th Century and the Free Trade Globalization of the late 20th Century. * Rich, rigorous interdisciplinarity and use of a range of theoretical perspectives provides insights relevant to legal theorists, feminists and legal scholars internationally.
Author : William Beinart,Lotte Hughes
Publisher : Oxford University Press on Demand
Page : 410 pages
File Size : 41,5 Mb
Release : 2007-10-11
Category : History
ISBN : 9780199260317
This volume uncovers the interaction between people and the elements in very different British colonies throughout the world. Providing a rich overview of socio-environmental change, driven by imperial forces, this study examines a key global historical process.
Author : James H. Liu
Publisher : Victoria University Press
Page : 461 pages
File Size : 49,7 Mb
Release : 2006-04-01
Category : History
ISBN : 9781776560004
Fifteen writers with diverse personal and scholarly backgrounds come together in this collection to examine issues of identity, viewing it as both a departing point and end destination for the various peoples who have come to call New Zealand "home." The essays reflect the diversity of thinking about identity across the social sciences as well as common themes that transcend disciplinary boundaries. Their explorations of the process of identity-making underscore the historical roots, dynamism, and plurality of ideas of national identity in New Zealand, offering a view not only of what has been but also what might be on the horizon.
Author : Joshua Castellino,David Keane
Publisher : Unknown
Page : 309 pages
File Size : 50,9 Mb
Release : 2009
Category : Law
ISBN : 9780199574827
Countries in the Pacific face unique challenges of survival and progress in establishing themselves and participating fully in international society. Their geographic isolation from the rest of global society is compounded by complex layers of often competing national and indigenous identities among their populations built through wave upon wave of migration. This has created rich diversity, competing regimes and real challenges in terms of state-building, ethnic identity, social policy cohesion and development in post-colonial settings. The issues studied here would be of interest to scholars from a range of different disciplines such as Law, Politics, Sociology and Anthropology. By examining the theory and practice of minority rights law in states such as Fiji and Papua New Guinea, alongside their more familiar neighbours Australia and New Zealand, this book makes a unique contribution in a region often ignored in the literature.
Author : Dominic O'Sullivan
Publisher : ATF Press
Page : 324 pages
File Size : 55,8 Mb
Release : 2005
Category : Philosophy
ISBN : 192069143X
Dominic OSullivan takes us on a theological, philosophical and political journey from the countries of Europe to the colonies of Australia and New Zealand.
Author : Dominic O'Sullivan
Publisher : Huia Publishers
Page : 252 pages
File Size : 51,5 Mb
Release : 2007
Category : Fiction
ISBN : 1869692853
Beyond Biculturalism: The Politics of an Indigenous Minority is a critical analysis of contemporary Maori public policy. O'Sullivan argues that biculturalism inevitably makes Maori the junior partner in a colonial relationship that obstructs aspirations to self-determination. The political situation of Maori is compared to that of First Nations and Aboriginal Australians. The book examines contemporary Maori political issues such as the 'one law for all' ideology, the Foreshore and Seabed Act 2004, Maori parliamentary representation, Treaty settlements, and Maori economic development.
Author : Christina Allard,Susann Funderud Skogvang
Publisher : Routledge
Page : 242 pages
File Size : 48,9 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317117285
This book contributes to the international debate on Indigenous Peoples Law, containing both in-depth research of Scandinavian historical and legal contexts with respect to the Sami and demonstrating current stances in Sami Law research. In addition to chapters by well-known Scandinavian experts, the collection also comments on the legal situation in Norway, Sweden and Finland in relation to other jurisdictions and indigenous peoples, in particular with experiences and developments in Canada and New Zealand. The book displays the current research frontier among the Scandinavian countries, what the present-day issues are and how the nation states have responded so far to claims of Sami rights. The study sheds light on the contrasts between the three countries on the one hand, and between Scandinavia, Canada and New Zealand on the other, showing that although there are obvious differences, for instance related to colonisation and present legal solutions, there are also shared experiences among the indigenous peoples and the States. Filling a gap in an under-researched area of Sami rights, this book will be a valuable resource for academics, researchers and policy-makers with an interest in Indigenous Peoples Law and comparative research.
Author : Benjamin J Richardson,Shin Imai,Kent McNeil
Publisher : Bloomsbury Publishing
Page : 446 pages
File Size : 52,9 Mb
Release : 2009-03-18
Category : Law
ISBN : 9781509942206
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 : Stephen Allen,Nigel Bankes,Øyvind Ravna
Publisher : Bloomsbury Publishing
Page : 432 pages
File Size : 44,6 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781509928668
The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.
Author : Alan C. Tidwell,Barry Scott Zellen
Publisher : Routledge
Page : 266 pages
File Size : 46,5 Mb
Release : 2015-10-05
Category : Law
ISBN : 9781317537533
Land, Indigenous Peoples and Conflict presents an original comparative study of indigenous land and property rights worldwide. The book explores how the ongoing constitutional, legal and political integration of indigenous peoples into contemporary society has impacted on indigenous institutions and structures for managing land and property. This book details some of the common problems experienced by indigenous peoples throughout the world, providing lessons and insights from conflict resolution that may find application in other conflicts including inter-state and civil and sectarian conflicts. An interdisciplinary group of contributors present specific case material from indigenous land conflicts from the South Pacific, Australasia, South East Asia, Africa, North and South America, and northern Eurasia. These regional cases discuss issues such as modernization, the evolution of systems and institutions regulating land use, access and management, and the resolution of indigenous land conflicts, drawing out common problems and solutions. The lessons learnt from the book will be of value to students, researchers, legal professionals and policy makers with an interest in land and property rights worldwide.
Author : Aziz Choudry,Jill Hanley,Eric Shragge
Publisher : PM Press
Page : 466 pages
File Size : 40,5 Mb
Release : 2012-05-30
Category : Political Science
ISBN : 9781604867268
What are the ways forward for organizing for progressive social change in an era of unprecedented economic, social, and ecological crises? How do political activists build power and critical analysis in their daily work for change? Grounded in struggles in Canada, the United States, Aotearoa/New Zealand, as well as transnational activist networks, Organize! Building from the Local for Global Justice links local organizing with global struggles to make a better world. In over twenty chapters written by a diverse range of organizers, activists, academics, lawyers, artists, and researchers, this book weaves a rich and varied tapestry of dynamic strategies for struggle. From community-based labor organizing strategies among immigrant workers to mobilizing psychiatric survivors, from arts and activism for Palestine to organizing in support of Indigenous Peoples, the authors reflect critically on the tensions, problems, limits, and gains inherent in a diverse range of organizing contexts and practices. The book also places these processes in historical perspective, encouraging us to use history to shed light on contemporary injustices and how they can be overcome. Written in accessible language, Organize! will appeal to college and university students, activists, organizers and the wider public. Contributors include: Aziz Choudry, Jill Hanley, Eric Shragge, Devlin Kuyek, Kezia Speirs, Evelyn Calugay, Anne Petermann, Alex Law, Jared Will, Radha D’Souza, Edward Ou Jin Lee, Norman Nawrocki, Rafeef Ziadah, Maria Bargh, Dave Bleakney, Abdi Hagi Yusef, Mostafa Henaway, Emilie Breton, Sandra Jeppesen, Anna Kruzynski, Rachel Sarrasin, Dolores Chew, David Reville, Kathryn Church, Brian Aboud, Joey Calugay, Gada Mahrouse, Harsha Walia, Mary Foster, Martha Stiegman, Robert Fisher, Yuseph Katiya, and Christopher Reid.