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Sovereignty and Land Rights of Indigenous Peoples in the United States by Wayne Edwards Pdf
This book presents a comparative study of the land settlements and sovereign arrangements between the US government and the three major aggregated groups of indigenous peoples—American Indians, Native Alaskans, and Native Hawaiians—whose land rights claims have resulted in very different outcomes. It shows that the outcomes of their sovereign claims were different, though their bases were similar. While the US government insists that it is committed to the government-to-government relationship it has with the tribes, federal authority severely limits the ability of tribal governments to participate as an equal partner.
In the eight states of the interior West (Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming), 260 million acres -- more than 48 percent of the land base -- are owned by the federal government and managed by its Washington, D.C.-based agencies. Like many other peoples throughout history who have bristled under the controlling hand of a remote government, westerners have long nursed a deep resentment toward our nation's capital. Rumblings of revolution have stirred for decades, bolstered in recent years by increasing evidence of the impossibility of a distant, centralized government successfully managing the West's widespread and far-flung lands. In This Sovereign Land, Daniel Kemmis offers a radical new proposal for giving the West control over its land. Unlike those who wish to privatize the public lands and let market forces decide their fate, Kemmis, a leading western Democrat and committed environmentalist, argues for keeping the public lands public, but for shifting jurisdiction over them from nation to region. In place of the current centralized management, he offers a regional approach that takes into account natural topographical and ecological features, and brings together local residents with a vested interest in ensuring the sustainability of their communities. In effect, Kemmis carries to their logical conclusion the recommendations about how the West should be governed made by John Wesley Powell more than a century ago. Throughout, Kemmis argues that the West no longer needs to be protected against itself by a paternalistic system and makes a compelling case that the time has come for the region to claim sovereignty over its own landscape. This Sovereign Land provides a provocative opening to a much-needed discussion about how democracy and ecological sustainability can go hand in hand, and will be essential reading for anyone interested in the West and western issues, as well as for all those concerned with place-based conservation, public lands management, bioregionalism, or related topics.
Author : Professor James Charles Smith Publisher : Ashgate Publishing, Ltd. Page : 336 pages File Size : 45,8 Mb Release : 2014-01-28 Category : Law ISBN : 9781409484707
Property and Sovereignty by Professor James Charles Smith Pdf
This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ‘sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.
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
Paradoxes of Hawaiian Sovereignty by J. Kehaulani Kauanui Pdf
In Paradoxes of Hawaiian Sovereignty J. Kēhaulani Kauanui examines contradictions of indigeneity and self-determination in U.S. domestic policy and international law. She theorizes paradoxes in the laws themselves and in nationalist assertions of Hawaiian Kingdom restoration and demands for U.S. deoccupation, which echo colonialist models of governance. Kauanui argues that Hawaiian elites' approaches to reforming and regulating land, gender, and sexuality in the early nineteenth century that paved the way for sovereign recognition of the kingdom complicate contemporary nationalist activism today, which too often includes disavowing the indigeneity of the Kanaka Maoli (Indigenous Hawaiian) people. Problematizing the ways the positing of the Hawaiian Kingdom's continued existence has been accompanied by a denial of U.S. settler colonialism, Kauanui considers possibilities for a decolonial approach to Hawaiian sovereignty that would address the privatization and capitalist development of land and the ongoing legacy of the imposition of heteropatriarchal modes of social relations.
Living in Indigenous Sovereignty by Elizabeth Carlson-Manathara Pdf
In the last decade, the relationship between settler Canadians and Indigenous Peoples has been highlighted by the Truth and Reconciliation Commission, the National Inquiry into Missing and Murdered Indigenous Women and Girls, the Idle No More movement, the Wet’suwet’en struggle against pipeline development and other Indigenous-led struggles for Indigenous sovereignty and decolonization. Increasing numbers of Canadians are beginning to recognize how settler colonialism continues to shape relationships on these lands. With this recognition comes the question many settler Canadians are now asking, what can I do? Living in Indigenous Sovereignty lifts up the wisdom of Indigenous scholars, activists and knowledge keepers who speak pointedly to what they are asking of non-Indigenous people. It also shares the experiences of thirteen white settler Canadians who are deeply engaged in solidarity work with Indigenous Peoples. Together, these stories offer inspiration and guidance for settler Canadians who wish to live honourably in relationship with Indigenous Peoples, laws and lands. If Canadians truly want to achieve this goal, Carlson and Rowe argue, they will pursue a reorientation of their lives toward “living in Indigenous sovereignty” — living in an awareness that these are Indigenous lands, containing relationships, laws, protocols, stories, obligations and opportunities that have been understood and practised by Indigenous peoples since time immemorial. Collectively, these stories will help settler Canadians understand what transformations we must undertake if we are to fundamentally shift our current relations and find a new way forward, together. Visit for more details: https://www.storiesofdecolonization.org Watch the book launch video here:
As the settler state of Canada expanded into Indigenous lands, two traditions clashed in a bruising series of asymmetrical encounters over land use and ownership. One site of conflict was Kahnawà:ke. The Laws and the Land delineates the establishment of a settler colonial relationship from early contact ways of sharing land; land practices under Kahnawà:ke law; and ultimately the Canadian invasion in the guise of the Indian Act, private property, and coercive pressure to assimilate. This meticulously researched book is connected to larger issues of human relations with environments, communal and individual ways of relating to land, legal pluralism, historical racism and inequality, and Indigenous resurgence.
Encounters on Contested Lands by Julie Burelle Pdf
In Encounters on Contested Lands, Julie Burelle employs a performance studies lens to examine how instances of Indigenous self-representation in Québec challenge the national and identity discourses of the French Québécois de souche—the French-speaking descendants of white European settlers who understand themselves to be settlers no more but rather colonized and rightfully belonging to the territory of Québec. Analyzing a wide variety of performances, Burelle brings together the theater of Alexis Martin and the film L'Empreinte, which repositions the French Québécois de souche as métis, with protest marches led by Innu activists; the Indigenous company Ondinnok's theater of repatriation; the films of Yves Sioui Durand, Alanis Obomsawin, and the Wapikoni Mobile project; and the visual work of Nadia Myre. These performances, Burelle argues, challenge received definitions of sovereignty and articulate new ones while proposing to the province and, more specifically, to the French Québécois de souche, that there are alternative ways to imagine Québec's future and remember its past. The performances insist on Québec's contested nature and reframe it as animated by competing sovereignties. Together they reveal how the "colonial present tense" and "tense colonial present" operate in conjunction as they work to imagine an alternative future predicated on decolonization. Encounters on Contested Lands engages with theater and performance studies while making unique and needed contributions to Québec and Canadian studies, as well as to Indigenous and settler-colonial studies.
Land and Development in Indonesia by John F. McCarthy,Kathryn Robinson Pdf
Indonesia was founded on the ideal of the “Sovereignty of the People”, which suggests the pre-eminence of people’s rights to access, use and control land to support their livelihoods. Yet, many questions remain unresolved. How can the state ensure access to land for agriculture and housing while also supporting land acquisition for investment in industry and infrastructure? What is to be done about indigenous rights? Do registration and titling provide solutions? Is the land reform agenda — legislated but never implemented — still relevant? How should the land questions affecting Indonesia’s disappearing forests be resolved? The contributors to this volume assess progress on these issues through case studies from across the archipelago: from large-scale land acquisitions in Papua, to asset ownership in the villages of Sulawesi and Java, to tenure conflicts associated with the oil palm and mining booms in Kalimantan, Sulawesi and Sumatra. What are the prospects for the “people’s sovereignty” in regard to land?
A Nation Rising by Noelani Goodyear-Ka’opua,Ikaika Hussey,Erin Kahunawaika'ala Wright Pdf
A Nation Rising chronicles the political struggles and grassroots initiatives collectively known as the Hawaiian sovereignty movement. Scholars, community organizers, journalists, and filmmakers contribute essays that explore Native Hawaiian resistance and resurgence from the 1970s to the early 2010s. Photographs and vignettes about particular activists further bring Hawaiian social movements to life. The stories and analyses of efforts to protect land and natural resources, resist community dispossession, and advance claims for sovereignty and self-determination reveal the diverse objectives and strategies, as well as the inevitable tensions, of the broad-tent sovereignty movement. The collection explores the Hawaiian political ethic of ea, which both includes and exceeds dominant notions of state-based sovereignty. A Nation Rising raises issues that resonate far beyond the Hawaiian archipelago, issues such as Indigenous cultural revitalization, environmental justice, and demilitarization. Contributors. Noa Emmett Aluli, Ibrahim G. Aoudé, Kekuni Blaisdell, Joan Conrow, Noelani Goodyear-Ka'opua, Edward W. Greevy, Ulla Hasager, Pauahi Ho'okano, Micky Huihui, Ikaika Hussey, Manu Ka‘iama, Le‘a Malia Kanehe, J. Kehaulani Kauanui, Anne Keala Kelly, Jacqueline Lasky, Davianna Pomaika'i McGregor, Nalani Minton, Kalamaoka'aina Niheu, Katrina-Ann R. Kapa'anaokalaokeola Nakoa Oliveira, Jonathan Kamakawiwo'ole Osorio, Leon No'eau Peralto, Kekailoa Perry, Puhipau, Noenoe K. Silva, D. Kapua‘ala Sproat, Ty P. Kawika Tengan, Mehana Blaich Vaughan, Kuhio Vogeler, Erin Kahunawaika’ala Wright
We Want Land to Live explores the current boundaries of radical approaches to food sovereignty. First coined by La Via Campesina (a global movement whose name means “the peasant’s way”), food sovereignty is a concept that expresses the universal right to food. Amy Trauger uses research combining ethnography, participant observation, field notes, and interviews to help us understand the material and definitional struggles surrounding the decommodification of food and the transformation of the global food system’s political-economic foundations. Trauger’s work is the first of its kind to analytically and coherently link a dialogue on food sovereignty with case studies illustrating the spatial and territorial strategies by which the movement fosters its life in the margins of the corporate food regime. She discusses community gardeners in Portugal; small-scale, independent farmers in Maine; Native American wild rice gatherers in Minnesota; seed library supporters in Pennsylvania; and permaculturists in Georgia. The problem in the food system, as the activists profiled here see it, is not markets or the role of governance but that the right to food is conditioned by what the state and corporations deem to be safe, legal, and profitable—and not by what eaters think is right in terms of their health, the environment, or their communities. Useful for classes on food studies and active food movements alike, We Want Land to Live makes food sovereignty issues real as it illustrates a range of methodological alternatives that are consistent with its discourse: direct action (rather than charity, market creation, or policy changes), civil disobedience (rather than compliance with discriminatory laws), and mutual aid (rather than reliance on top-down aid).
Invasion, violent conflict, disease; international law, defines sovereignty, rights to property, land management and use, terra nullius; citizenship, land rights, includes draft treaty.
Land Rights, Ethno-nationality and Sovereignty in History by Stanley Engerman,Jacob Metzer Pdf
The complex relationships between ethno-nationality, rights to land, and territorial sovereignty have long fed disputes over territorial control and landed rights between different nations, ethnicities, and religions. These disputes raise a number of interesting issues related to the nature of land regimes and to their economic and political implications. The studies drawn together in this key volume explore these and related issues for a broad variety of countries and times. They illuminate the diverse causes of ethno-national land disputes, and the different forms of adjustment and accommodation to the power differences between the contesting groups. This is done within a framework outlined by the editors in their analytical overview, which offers contours for comparative examinations of such disputes, past and present. Providing conceptual and factual analyses of comparative nature and wealth of empirical material (both historical and contemporary), this book will appeal to economic historians, economists, political scientists, sociologists, anthropologists and all scholars interested in issues concerning ethno-nationality and land rights in historical perspective.
Author : John Borrows,Michael Coyle Publisher : University of Toronto Press Page : 439 pages File Size : 55,8 Mb Release : 2017-01-01 Category : Political Science ISBN : 9781442630215
The Right Relationship by John Borrows,Michael Coyle Pdf
In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century.
"My interest in the Nisga'a Final Agreement arose from the trenchant criticisms of the agreement by both Aboriginal rights proponents and conservative factions in the Canadian community. Why did this agreement incite such polarized opposition? I undertook a detailed examination of the agreement and its effect on the Nisga'a Nation. Through community research and discussions with the federal negotiators it became clear that the agreement represented a radical hybridization of western political and legal systems. Obviously, liberal theory did not account for this revision of First Nation and Canadian sovereignty. As such I explored postcolonial theory as an avenue to explain how the treaty was operating and the effects it was having on the Nisga'a Nation and the Canadian political community." -- Tracie Lea Scott In 1999 the Nisga'a First Nation in Northwestern British Columbia signed a landmark agreement which not only settled their land claim but outlined significant powers that could be exercised by its government. This book analyzes the impact the agreement has on federal/provincial/First Nations relations, but also in a concise manner examines the major terms of the agreement. The author summarizes the settlement and, more importantly, the powers over land, resources, education, and cultural policy granted to the Nisga'a government. She notes that the agreement marks a major departure from previous land claims agreements and outlines the opposition, including two court challenges, mounted against the agreement.
