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Author: Michael Mansell
Publisher:
ISBN: 9781760020835
Category : Aboriginal Australians
Languages : en
Pages : 301
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Book Description
If governments of Australia agreed to share power with Aboriginal people, what would the result be? And if Australia was to have a settlement or a treaty with Aboriginal and Torres Strait Islanders, what would a treaty deal with and how would a treaty affect the general public? Is there anything beyond a treaty?Treaty and Statehood: Aboriginal Self-determination, by Aboriginal author Michael Mansell, answers these questions and more. Mansell examines the New Zealand model of designated Māori seats and applies the idea to comprise 12 Indigenous Senators in Australia. He argues designated seats and a treaty are constitutionally permissible, and details the possible content for a treaty. He discusses the meaning of self-determination and its limitations, and also thoroughly reviews Aboriginal sovereignty and its function in a modern Australia.The book critically examines the legality of designated seats, treaty, sharing of power and autonomous communities. The legal examination is broken down into easy-to-understand language. Ultimately, Mansell looks at whether justice can best be served to Aboriginal people through a new State of Australia.This new idea of a seventh State - or First State for the First peoples, as the author prefers - is constitutionally legal. Its practicality is also critically examined, including the rights each Aboriginal community or 'nation' would have under statehood.This is a book that answers our query about what reconciliation ultimately means and how it can be achieved."His strongly expressed opinions are always sincere and soundly argued: they may appear at first provocative or over-idealistic, but just wait; in years to come they are likely to be seen as a prescient articulation of a way forward for securing the dignity of our first Australians." - Geoffrey Robertson QC, from the ForewordIn the media...An Indigenous seventh state: a radical idea from a constitutional conservative, Stan Grant, ABC News, 3 Jun 2017 Read article...New book examines 'justice', Jillian Mundy, The Koori Mail, 25 January 2017 Read article...Aboriginal lawyer and activist Michael Mansell has written a new book, Holly Monery, The Examiner, 28 December 2016 Read article...Mansell draws new boundaries for Aboriginal state, Wendy Caccetta, National Indigenous Times, 21 December 2016 Read article...Treaty's benefits, Opinion Letter by Michael Mansell, The Australian, 19 December 2016 Read letter...Indigenous spending to double, warns Michael Mansell, Stephen Fitzpatrick, The Australian, 16 December 2016 Read article...Michael Mansell on Sky News, The Bolt Report with Andrew Bolt, 15 December 2016 Listen to interview...Australia should create seventh state run by Indigenous people, lawyer Michael Mansell says, Dan Conifer, ABC News, 14 December 2016 Read article...
Author: Michael Mansell
Publisher:
ISBN: 9781760020835
Category : Aboriginal Australians
Languages : en
Pages : 301
Get Book
Book Description
If governments of Australia agreed to share power with Aboriginal people, what would the result be? And if Australia was to have a settlement or a treaty with Aboriginal and Torres Strait Islanders, what would a treaty deal with and how would a treaty affect the general public? Is there anything beyond a treaty?Treaty and Statehood: Aboriginal Self-determination, by Aboriginal author Michael Mansell, answers these questions and more. Mansell examines the New Zealand model of designated Māori seats and applies the idea to comprise 12 Indigenous Senators in Australia. He argues designated seats and a treaty are constitutionally permissible, and details the possible content for a treaty. He discusses the meaning of self-determination and its limitations, and also thoroughly reviews Aboriginal sovereignty and its function in a modern Australia.The book critically examines the legality of designated seats, treaty, sharing of power and autonomous communities. The legal examination is broken down into easy-to-understand language. Ultimately, Mansell looks at whether justice can best be served to Aboriginal people through a new State of Australia.This new idea of a seventh State - or First State for the First peoples, as the author prefers - is constitutionally legal. Its practicality is also critically examined, including the rights each Aboriginal community or 'nation' would have under statehood.This is a book that answers our query about what reconciliation ultimately means and how it can be achieved."His strongly expressed opinions are always sincere and soundly argued: they may appear at first provocative or over-idealistic, but just wait; in years to come they are likely to be seen as a prescient articulation of a way forward for securing the dignity of our first Australians." - Geoffrey Robertson QC, from the ForewordIn the media...An Indigenous seventh state: a radical idea from a constitutional conservative, Stan Grant, ABC News, 3 Jun 2017 Read article...New book examines 'justice', Jillian Mundy, The Koori Mail, 25 January 2017 Read article...Aboriginal lawyer and activist Michael Mansell has written a new book, Holly Monery, The Examiner, 28 December 2016 Read article...Mansell draws new boundaries for Aboriginal state, Wendy Caccetta, National Indigenous Times, 21 December 2016 Read article...Treaty's benefits, Opinion Letter by Michael Mansell, The Australian, 19 December 2016 Read letter...Indigenous spending to double, warns Michael Mansell, Stephen Fitzpatrick, The Australian, 16 December 2016 Read article...Michael Mansell on Sky News, The Bolt Report with Andrew Bolt, 15 December 2016 Listen to interview...Australia should create seventh state run by Indigenous people, lawyer Michael Mansell says, Dan Conifer, ABC News, 14 December 2016 Read article...
Author: Bridget Coggins
Publisher: Cambridge University Press
ISBN: 1107047358
Category : History
Languages : en
Pages : 281
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Book Description
From Kurdistan to Somaliland, Xinjiang to South Yemen, all secessionist movements hope to secure newly independent states of their own. Most will not prevail. The existing scholarly wisdom provides one explanation for success, based on authority and control within the nascent states. With the aid of an expansive new dataset and detailed case studies, this book provides an alternative account. It argues that the strongest members of the international community have a decisive influence over whether today's secessionists become countries tomorrow and that, most often, their support is conditioned on parochial political considerations.
Author: Rowan Nicholson
Publisher: Oxford University Press, USA
ISBN: 0198851219
Category : Law
Languages : en
Pages : 257
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Book Description
If the term were given its literal meaning, international law would be law between 'nations'. It is often described instead as being primarily between states. But this conceals the diversity of the nations or state-like entities that have personality in international law or that have had it historically. This book reconceptualizes statehood by positioning it within that wider family of state-like entities. In this monograph, Rowan Nicholson contends that states themselves have diverse legal underpinnings. Practice in cases such as Somalia and broader principles indicate that international law provides not one but two alternative methods of qualifying as a state. Subject to exceptions connected with territorial integrity and peremptory norms, an entity can be a state either on the ground that it meets criteria of effectiveness or on the ground that it is recognized by all other states. Nicholson also argues that states, in the strict legal sense in which the word is used today, have never been the only state-like entities with personality in international law. Others from the past and present include imperial China in the period when it was unreceptive to Western norms; precolonial African chiefdoms; 'states-in-context', an example of which may be Palestine, which have the attributes of statehood relative to states that recognize them; and entities such as Hong Kong.
Author: Robert Thomas Devlin
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 942
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Book Description
"Commentaries on the treaty clauses of the Constitution; construction of treaties; extent of treaty-making power; conflict between treaties and acts of Congress, state constitutions and statutes; international extradition; acquisition of territory; ambassadors, consuls and foreign judgments; naturalization and expatriation; responsibility of government for mob violence, and claims against governments. With appendices containing regulations of Department of State relative to extradition of fugitives from justice, a list of the treaties in force, with the international conventions and acts to which the United States is a party, and a chronological list of treaties.
Author: David Raic
Publisher: BRILL
ISBN: 904740338X
Category : Law
Languages : en
Pages : 515
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Book Description
Although most international lawyers assumed that the distribution of the land surface of the earth between States was more or less final after the end of decolonization, recent practice has disproved this assumption. Eritrea separated from Ethiopia and new States were created out of the former Soviet Union, the former Yugoslavia and the former Czechoslovakia. There is no reason to believe that these events form the end of the creation of new States. Numerous communities within existing States claim a right to full separate statehood on the basis of their entitlement to an alleged right to self-determination. However, in most cases, the international community rejected such claims to statehood, even if the territorial entity satisfied the traditional criteria for statehood. On the other hand, in other cases, including some of those mentioned above, the international community acknowledged the statehood of entities which clearly failed to meet these criteria. In the light of the above-mentioned developments, this book examines the modern law of statehood, and in particular the role of the law of self-determination in the process of the formation of States in international law. The study shows that the law of statehood has changed considerably since the establishment of the United Nations. It is argued that the law of self-determination is particularly relevant for explaining the international community's position regarding the general recognition, or the general denial, of statehood of different territorial entities under contemporary international law.
Author: P. K. Menon
Publisher: Lewiston : E. Mellen Press
ISBN:
Category : Law
Languages : en
Pages : 334
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Book Description
This study discusses the succession of states to treaties and other obligations or rights, seeking answers to the question Does a new state succeed to its predecessor's international rights and duties, and if so, to what extent?
Author: Christine Chinkin
Publisher: Cambridge University Press
ISBN: 1316218090
Category : Law
Languages : en
Pages : 529
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Book Description
This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of states), statehood (what it means to be a state, and the process of acquiring or losing statehood) and state responsibility (the legal component of what being a state entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states. It includes reflections on the interactions between states and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood.
Author: James Crawford
Publisher: Oxford University Press
ISBN: 0198260024
Category : Law
Languages : en
Pages : 943
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Book Description
This edition brings the treatment of statehood in the field of international law up to date. It retains a wealth of historical material and introduces new problems such as the disposition of territory in Kosovo and East Timor, claims for secession in Chechnya and Quebec and devolution in Scotland.
Author: Vaughan Lowe
Publisher: OUP Oxford
ISBN: 0191576204
Category : Law
Languages : en
Pages : 144
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Book Description
Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.
Author: Tanja A. Börzel
Publisher: Cambridge University Press
ISBN: 1107183693
Category : Business & Economics
Languages : en
Pages : 381
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Book Description
Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.
