The Indigenous Balanda Nation History Culture And Customary Law
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The Indigenous Balanda Nation: History, Culture and Customary Law by Nicola K. Bringi Pdf
The Indigenous Balanda Nation of South Sudan is the first book written by a Balanda researcher that centres the history, culture and customary laws of the Balanda ethnic group, aside from what was written previously by Missionaries. In this book Nicola Bringi briefly outlines the historical background of the Balanda people, including; where they were early inhabitants, who their forefathers are and what cultural and customary practices exist.
Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters by Brendan Tobin Pdf
This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.
Custom and the Law by Paul de Deckker,Jean Yves Faberon Pdf
Discussion of the critical aspects of the often tense relationship between indigenous custom and tradition and externally-imposed Western societal structures. Examines the revival and rejuvenation of customary legal systems and the conflict between the real imperatives of customary and traditional practice and the more formal strictures of Western legal systems. Concentrates on the situation in the French overseas territories. Includes appendices and notes on contributors.
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
A First Nations Voice in the Australian Constitution by Shireen Morris Pdf
This book makes the legal and political case for Indigenous constitutional recognition through a constitutionally guaranteed First Nations voice, as advocated by the historic Uluru Statement from the Heart. It argues that a constitutional amendment to empower Indigenous peoples with a fairer say in laws and policies made about them and their rights, is both constitutionally congruent and politically achievable. A First Nations voice is deeply in keeping with the culture, design and philosophy of Australia's federal Constitution, as well as the long history of Indigenous advocacy for greater empowerment and self-determination in their affairs. Morris explores the historical, political, theoretical and international contexts underpinning the contemporary debate, before delving into the constitutional detail to craft a compelling case for change.
Eight case-studies undertaken in Australia, entitled "Minding Culture: Case-Studies on Intellectual Property and Traditional Cultural Expressions" were selected, prepared, researched and written by Ms. Terri Janke, an Australian lawyer. The studies have been incorported together in WIPO/GRTKF/STUDY/2.
Declarations of Interdependence by 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.
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 : Lynette Russell Publisher : University of Hawaii Press Page : 224 pages File Size : 46,5 Mb Release : 2006-06-30 Category : Social Science ISBN : 9780824843212
Have globalization and the emergence of virtual cultures reduced cultural diversity? Will the world become homogenized or Americanized? Boundary Writing sets out to demonstrate that this oversimplification denies the reality that today there is greater space for cultural diversity than ever before. It explores the desire to categorize individuals and collectivities into racial, ethnic, gender, and sexuality categories (black and white, men and women, gay and straight), which is a feature of most Western societies. More specifically, it analyzes the boundaries and edges of these categories and concepts. Across nine chapters, contributors reveal that such binaries are often too restrictive. Through a series of case studies they consider how these various concepts overlap, coincide, and at times conflict.They investigate the tension between these classifications that in turn produce individual speaking positions. Many people—indigenous, native, Anglo-settler, recent migrants of diverse ethnic backgrounds, gay, transgender, queer—occupy an "in between" position that is strategically shifting with the social, political, and economic circumstances of the individual. In Boundary Writing, the reader will journey through various complex permutations of identity and in particular the ways in which indigeneity, race, sex, and gender interact and even counter-act one another. Contributors: Erez Cohen, Aaron Corn, Bruno David, Neparrna Gumbula, Michele Grossman, Myfanwy McDonald, Clive Moore, Stephen Pritchard, Liz Reed, Lynette Russell.
