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Author: Carwyn Jones
Publisher: UBC Press
ISBN: 0774831715
Category : History
Languages : en
Pages : 320
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Book Description
Legal cultures change in response 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 traditional Māori law, illustrating the challenges faced by Indigenous peoples as they attempt to exercise self-determination in a postcolonial world. Combining thoughtful analysis with Māori storytelling New Treaty, New Tradition reveals the enduring vitality of Māori legal traditions, making the case that genuine reconciliation can occur only when we recognize the importance of Indigenous traditions in the settlement process. Drawing on examples from Canada and New Zealand, Jones illustrates how Western legal thought has shaped the historical claims process. As Indigenous self-determination plays out on the world stage, this nuanced reflection brings into focus prospects for the long-term success of reconciliation projects in Canada and around the globe.
Author: Carwyn Jones
Publisher: UBC Press
ISBN: 0774831715
Category : History
Languages : en
Pages : 320
Get Book Here
Book Description
Legal cultures change in response 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 traditional Māori law, illustrating the challenges faced by Indigenous peoples as they attempt to exercise self-determination in a postcolonial world. Combining thoughtful analysis with Māori storytelling New Treaty, New Tradition reveals the enduring vitality of Māori legal traditions, making the case that genuine reconciliation can occur only when we recognize the importance of Indigenous traditions in the settlement process. Drawing on examples from Canada and New Zealand, Jones illustrates how Western legal thought has shaped the historical claims process. As Indigenous self-determination plays out on the world stage, this nuanced reflection brings into focus prospects for the long-term success of reconciliation projects in Canada and around the globe.
Author: Tipene O'Regan
Publisher: Bridget Williams Books
ISBN: 1927131995
Category : Social Science
Languages : en
Pages : 39
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Book Description
Negotiating a claim before the Waitangi Tribunal can involve troubling challenges to an iwi’s legitimacy, sometimes from unexpected places. In this unique behind-the-scenes account of the negotiation of Ngāi Tahu’s Waitangi Tribunal claim, Sir Tipene O’Regan describes what happened when claims of New Age mysticism attempted to undermine traditional whakapapa and academic scholarship.
Author: Abram Chayes
Publisher: Harvard University Press
ISBN: 9780674617834
Category : Political Science
Languages : en
Pages : 440
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Book Description
In an increasingly complex and interdependent world, states resort to a bewildering array of regulatory agreements to deal with problems as disparate as climate change, nuclear proliferation, international trade, satellite communications, species destruction, and intellectual property. In such a system, there must be some means of ensuring reasonably reliable performance of treaty obligations. The standard approach to this problem, by academics and politicians alike, is a search for treaties with "teeth"--military or economic sanctions to deter and punish violation. The New Sovereignty argues that this approach is misconceived. Cases of coercive enforcement are rare, and sanctions are too costly and difficult to mobilize to be a reliable enforcement tool. As an alternative to this "enforcement" model, the authors propose a "managerial" model of treaty compliance. It relies on the elaboration and application of treaty norms in a continuing dialogue between the parties--international officials and nongovernmental organizations--that generates pressure to resolve problems of noncompliance. In the process, the norms and practices of the regime themselves evolve and develop. The authors take a broad look at treaties in many different areas: arms control, human rights, labor, the environment, monetary policy, and trade. The extraordinary wealth of examples includes the Iran airbus shootdown, Libya's suit against Great Britain and the United States in the Lockerbie case, the war in Bosnia, and Iraq after the Gulf War. The authors conclude that sovereignty--the status of a recognized actor in the international system--requires membership in good standing in the organizations and regimes through which the world manages its common affairs. This requirement turns out to be the major pressure for compliance with treaty obligations. This book will be an invaluable resource and casebook for scholars, policymakers, international public servants, lawyers, and corporate executives.
Author: Carwyn Jones
Publisher: UBC Press
ISBN: 9780774831703
Category : History
Languages : en
Pages : 232
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Book Description
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.
Author: Mark Hickford
Publisher: Taylor & Francis
ISBN: 1351240358
Category : Law
Languages : en
Pages : 307
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Book Description
Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand’s Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.
Author: Law Commission of Canada
Publisher: UBC Press
ISBN: 0774855770
Category : Law
Languages : en
Pages : 189
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Book Description
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.
Author: Atholl Anderson
Publisher: Bridget Williams Books
ISBN: 0908321546
Category : History
Languages : en
Pages : 705
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Book Description
Tangata Whenua: A History presents a rich narrative of the Māori past from ancient origins in South China to the twenty-first century, in a handy paperback format. The authoritative text is drawn directly from the award-winning Tangata Whenua: An Illustrated History; the full text of the big hardback is available in a reader-friendly edition, ideal for students and for bedtime reading, and a perfect gift for those whose budgets do not stretch to the illustrated edition. Maps and diagrams complement the text, along with a full set of references and the important statistical appendix. Tangata Whenua: An Illustrated History was published to widespread acclaim in late 2014. This magnificent history has featured regularly in the award lists: winner of the 2015 Royal Society Science Book Prize, shortlisted for the international Ernest Scott Prize, winner of the Te Kōrero o Mua (History) Award at the Ngā Kupu ora Aotearoa Māori Book Awards, and Gold in the Pride in Print Awards. The importance of this history to New Zealand cannot be overstated. Māori leaders emphatically endorsed the book, as have reviewers and younger commentators. They speak of the way Tangata Whenua draws together different strands of knowledge – from historical research through archaeology and science to oral tradition. They remark on the contribution this book makes to evolving knowledge, describing it as ‘a canvas to paint the future on’. And many comment on the contribution it makes to the growth of understanding between the people of this country.
Author: Kirk W. Larsen
Publisher: Harvard University Press
ISBN:
Category : History
Languages : en
Pages : 368
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Book Description
Relations between the Choson and Qing states are often cited as the prime example of the operation of the âeoetraditionalâe Chinese âeoetribute system.âe In contrast, this work contends that the motivations, tactics, and successes (and failures) of the late Qing Empire in Choson Korea mirrored those of other nineteenth-century imperialists. Between 1850 and 1910, the Qing attempted to defend its informal empire in Korea by intervening directly, not only to preserve its geopolitical position but also to promote its commercial interests. And it utilized the technology of empireâe"treaties, international law, the telegraph, steamships, and gunboats. Although the transformation of Qing-Choson diplomacy was based on modern imperialism, this work argues that it is more accurate to describe the dramatic shift in relations in terms of flexible adaptation by one of the worldâe(tm)s major empires in response to new challenges. Moreover, the new modes of Qing imperialism were a hybrid of East Asian and Western mechanisms and institutions. Through these means, the Qing Empire played a fundamental role in Koreaâe(tm)s integration into regional and global political and economic systems.
Author: Matthew SR Palmer
Publisher: Bloomsbury Publishing
ISBN: 1849469040
Category : Law
Languages : en
Pages : 260
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Book Description
This book examines New Zealand's constitution, through the lens of constitutional realism. It looks at the practices, habits, conventions and norms of constitutional life. It focuses on the structures, processes and culture that govern the exercise of public power – a perspective that is necessary to explore and account for a lived, rather than textual, constitution. New Zealand's constitution is unique. One of three remaining unwritten democratic constitutions in the world, it is characterised by a charming set of anachronistic contrasts. “Unwritten”, but much found in various written sources. Built on a network of Westminster constitutional conventions but generously tailored to local conditions. Proudly independent, yet perhaps a purer Westminster model than its British parent. Flexible and vulnerable, while oddly enduring. It looks to the centralised authority that comes with a strong executive, strict parliamentary sovereignty, and a unitary state. However, its populace insists on egalitarian values and representative democracy, with elections fiercely conducted nowadays under a system of proportional representation. The interests of indigenous Maori are protected largely through democratic majority rule. A reputation for upholding the rule of law, yet few institutional safeguards to ensure compliance.
Author: Evan Berman
Publisher: Emerald Group Publishing
ISBN: 1838674578
Category : Political Science
Languages : en
Pages : 239
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Book Description
New Zealand is widely regarded as a leader in public policy and governance reforms and innovations, being an early adopted of New Public Management, a leader in e-government and transparency. Discussing reforms including those in policy areas such as well-being, sustainability, environmental management, agriculture and indigenous development.
