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Waitangi Revisited by Michael Belgrave,Merata Kawharu,David Vernon Williams Pdf
"The Treaty ... remains central to debates about New Zealand society and its future. Among new issues to emerge ... are the inclusion of the Treaty in a large range of legislation, greater recognition by the Crown of its duty to recognise the Treaty, and the transformation of the claims process. This ... edition explores these new issues without losing sight of the historical perspectives ... The contributing authors ... provide a range of perspectives on the social legal and historical impact of the Treaty ... addressing issues that have emerged over the 1990s and into the twenty-first century"--Back cover.
Waitangi & Indigenous Rights by F. M. Brookfield Pdf
This landmark study examines issues surrounding New Zealand’s Treaty of Waitangi, focusing on recent Fiji revolutions and indigenous customary rights to the seabed and foreshore. In this revised edition, the author approaches these complex and controversial matters with a careful, thorough, and principled approach while dealing with the broad constitutional issues and responding to comments made by other scholars. This study will serve as an essential tool for those working in the area and for those engaged in this contemporary debate.
Waitangi Revisited : Perspectives on the Treaty of Waitangi by Michael Belgrave,Merata Kawharu,David Vernon Williams Pdf
The Treaty is as controversial today as it was in 1989 when "Waitangi: Māori and Pākehā Perspectives of the Treaty of Waitangi" was published. It remains central to debates about New Zealand society and its future. Among new issues to emerge in the last fifteen years are the inclusion of the Treaty in a large range of legislation, greater recognition by the Crown of its duty to recognise the Treaty, and the transformation of the claims process. The contributing authors provide a range of perspectives on the social, legal, and historical impact of the Treaty, and address the issues that have emerged over the 1990s and into the twenty-first century.
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.
The land claims presented before the Waitangi Tribunal, first established in 1975 as a permanent commision of inquiry to address claims by the Maori people, are discussed in this analysis of the role of legal courts and commissions in mediating disputes with indigenous peoples.
Indigenous Courts, Self-Determination and Criminal Justice by Valmaine Toki Pdf
In New Zealand, as well as in Australia, Canada and other comparable jurisdictions, Indigenous peoples comprise a significantly disproportionate percentage of the prison population. For example, Maori, who comprise 15% of New Zealand’s population, make up 50% of its prisoners. For Maori women, the figure is 60%. These statistics have, moreover, remained more or less the same for at least the past thirty years. With New Zealand as its focus, this book explores how the fact that Indigenous peoples are more likely than any other ethnic group to be apprehended, arrested, prosecuted, convicted and incarcerated, might be alleviated. Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions (including Australia, Canada, the United States of America), and also in the United Nations Declaration on the Rights of Indigenous Peoples, the book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior. More specifically, the book draws on contemporary notions of ‘therapeutic jurisprudence’ and ‘restorative justice’ in order to argue that such a court would offer an effective way to ameliorate the disproportionate incarceration of Indigenous peoples.
Indigenous peoples around the world have been involved in struggles for decolonization, self-determination, and recognition of their rights, and the Māori of Aotearoa-New Zealand are no exception. Now that nearly 85% of the Māori population have their main place of residence in urban centres, cities have become important sites of affirmation and struggle. Grounded in an ethnography of everyday life in the city of Auckland, Being Maori in the City is an investigation of what being Māori means today. One of the first ethnographic studies of Māori urbanization since the 1970s, this book is based on almost two years of fieldwork, living with Māori families, and more than 250 hours of interviews. In contrast with studies that have focused on indigenous elites and official groups and organizations, Being Māori in the City shines a light on the lives of ordinary individuals and families. Using this approach, Natacha Gagné adroitly underlines how indigenous ways of being are maintained and even strengthened through change and openness to the larger society.
Author : Richard S. Hill Publisher : Victoria University Press Page : 388 pages File Size : 55,5 Mb Release : 2010-04-01 Category : Political Science ISBN : 9780864736734
Presenting the most recent research and written by an expert in the field, this examination explores the principal interrelationships between the British Crown and the Maori people in the 1950s and 1960s when Crown assimilation policies intensified—and during the 1970s—when the pressure of the Maori renaissance encouraged policies and goals based on biculturalism. A subject central to New Zealand's culture, this is an important and historical analysis of the country and the wider issue of indigenous peoples' rights.
New Zealand is one of the world leaders of neoliberalism, and since 1984 its government has pursued neoliberal policies with a confidence that few other governments possess. Resistance is a collection by New Zealand indigenous Mā ori academics, activists, and leaders on resistance to neoliberalism. This unique book features a range of views that are often invisible to current debates on globalization.
Legal traditions respond to social and economic environments. Māori author and legal scholar Carwyn Jones provides a timely examination of how the resolution of land claims in New Zealand has affected Māori law and the challenges faced by Indigenous peoples as they attempt to exercise self-determination in a postcolonial world. Combining thoughtful analysis with Māori storytelling, Jones’s nuanced reflections on the claims process show how Western legal thought has shaped treaty negotiations. Drawing on Canadian and international examples, Jones makes the case that genuine reconciliation can occur only when we recognize the importance of Indigenous traditions in the settlement process.
The Theory of Recognition and Multicultural Policies in Colombia and New Zealand by Nicolas Pirsoul Pdf
This book analyses the policies of recognition that were developed and implemented to improve the autonomy and socio-economic well-being of Māori in New Zealand and of indigenous and Afro-descendent people in Colombia. It offers a theoretically informed explanation of the reasons why these policies have not yielded the expected results, and offers solutions to mitigate the shortcomings of policies of recognition in both countries. This in-depth analysis enables readers to develop their understanding of the theory of recognition and how it can promote social justice.
In the wake of financial meltdown and environmental disaster, employers increasingly demand that managers have an understanding of ethical decision making, corporate social responsibility and values-based management. Business ethics is therefore increasingly being taught in business schools and is a rapidly developing research topic. Managing Responsibly explores the limitations of the thinking that dominates Western corporate and business culture. Contributors then draw on non-Western traditions and experience to suggest workable inter-cultural models to enhance organizational effectiveness in an increasingly globalised environment. With chapters written by specialists in economics, management, ethics, health sciences and history, the editors - one a historian and one a management specialist - ensure a truly interdisciplinary overall approach. Part One highlights the acute need for less self-interested approaches to management if local and global communities and the environment are to escape on-going damage and exploitation. Part Two draws on values from Indian and Maori traditions to propose alternatives to Western models of business ethics. Part Three suggests ways of approaching the challenges of developing sustained ethical leadership in the contemporary globalised economy. This original addition to Gower's Corporate Social Responsibility Series will appeal to a wide range of teachers, researchers and higher level students of management, as well as practitioners participating in executive development programmes. It will also serve the needs of those with a more specialist interest in business ethics and in sustainable and responsible management.
Indigenous Intellectual Property by Matthew Rimmer Pdf
Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.
Nations, National Narratives and Communities in the Asia-Pacific by Norman Vasu,Yolanda Chin,Kam-yee Law Pdf
Many states in the Asia Pacific region are not built around a single homogenous people, but rather include many large, varied, different national groups. This book explores how states in the region attempt to develop commonality and a nation and the difficulties that arise. It discusses the consequences which ensue when competing narratives clash, and examines the nature of resistance to dominant narratives which arise. It considers the problems in a wide range of countries in the region including Indonesia, Malaysia, Singapore, Hong Kong, Korea, Australia and New Zealand.
The Oxford Handbook of Global Legal Pluralism by Paul Schiff Berman Pdf
Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.
