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Author: Louis A. Knafla
Publisher: UBC Press
ISBN: 0774859296
Category : Law
Languages : en
Pages : 280
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Book Description
Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.
Author: Louis A. Knafla
Publisher: UBC Press
ISBN: 0774859296
Category : Law
Languages : en
Pages : 280
Get Book Here
Book Description
Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.
Author: Arthur Manuel
Publisher: Between the Lines
ISBN: 1771135573
Category : Social Science
Languages : en
Pages : 304
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Book Description
A Canadian bestseller and winner of the 2016 Canadian Historical Association Aboriginal History Book Prize, Unsettling Canada is a landmark text built on a unique collaboration between two First Nations leaders. Arthur Manuel (1951–2017) was one of the most forceful advocates for Indigenous title and rights in Canada; Grand Chief Ron Derrickson, one of the most successful Indigenous businessmen in the country. Together, they bring a fresh perspective and bold new ideas to Canada’s most glaring piece of unfinished business: the place of Indigenous peoples within the country’s political and economic space. This vital second edition features a foreword by award-winning activist Naomi Klein and an all-new chapter co-authored by Law professor Nicole Schabus and Manuel’s daughter, Kanahus, honouring the multi-generational legacy of the Manuel family’s work.
Author: Jérémie Gilbert
Publisher: BRILL
ISBN: 9047431308
Category : Law
Languages : en
Pages : 352
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Book Description
This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.
Author: Mariana Monteiro de Matos
Publisher: BRILL
ISBN: 9004411275
Category : Law
Languages : en
Pages : 358
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Book Description
Rights to their traditional lands and resources are essential to the survival of indigenous peoples. They have been formulated and advanced in the most progressive way by the Inter-American system of human rights protection. In this book, Mariana Monteiro de Matos analyzes, in detailed and comprehensive inquiry, the pertinent jurisprudence of the Inter-American Commission and Court of Human Rights. She identifies three distinct waves of decision regarding the objects of ownership or possession, the rights associated, and the holders of the rights. Originally, the book also offers a profound analysis of corollary procedural law.
Author: Beth Rose Middleton Manning
Publisher: University of Arizona Press
ISBN: 0816539154
Category : Social Science
Languages : en
Pages : 257
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Book Description
From Mandan, Hidatsa, and Arikara lands in South Dakota; to Cherokee lands in Tennessee; to Sin-Aikst, Lakes, and Colville lands in Washington; to Chemehuevi lands in Arizona; to Maidu, Pit River, and Wintu lands in northern California, Native lands and communities have been treated as sacrifice zones for national priorities of irrigation, flood control, and hydroelectric development. Upstream documents the significance of the Allotment Era to a long and ongoing history of cultural and community disruption. It also details Indigenous resistance to both hydropower and disruptive conservation efforts. With a focus on northeastern California, this book highlights points of intervention to increase justice for Indigenous peoples in contemporary natural resource policy making. Author Beth Rose Middleton Manning relates the history behind the nation’s largest state-built water and power conveyance system, California’s State Water Project, with a focus on Indigenous resistance and activism. She illustrates how Indigenous history should inform contemporary conservation measures and reveals institutionalized injustices in natural resource planning and the persistent need for advocacy for Indigenous restitution and recognition. Upstream uses a multidisciplinary and multitemporal approach, weaving together compelling stories with a study of placemaking and land development. It offers a vision of policy reform that will lead to improved Indigenous futures at sites of Indigenous land and water divestiture around the nation.
Author: Jérémie Gilbert
Publisher: BRILL
ISBN: 9004323252
Category : Law
Languages : en
Pages : 349
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Book Description
This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements. The first edition of this ground-breaking book was published in 2006, at the time the negotiations for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) were still underway. The adoption of the Declaration in 2007 marks an important moment not only in terms of law-making, but also represents the achievement of long decades of lobbying and advocacy from indigenous peoples’ representatives. This fully revised new edition reflects on the 10 years which have followed the adoption of the UNDRIP and examines its impact regarding indigenous peoples’ land rights. Its aim is not only to assess the importance of the UNDRIP in terms of international standards, but also to reflect on the ‘maturing’ of international law in relation to indigenous peoples’ land rights. Over the last 10 years these have reached a new level of visibility and a voluminous new jurisprudence and doctrine have been developed. Praise for the first edition: "Gilbert’s passion for his subject is palpable and illuminates every page, as do his zeal to expose international law’s complicity in indigenous peoples’ loss of their territories and tentative hope that international law might now provide some protection of indigenous peoples’ lands. The choice of topic is also to be applauded. There are few texts that examine indigenous peoples’ land rights in such depth.” Claire Charters, Associate Professor, University of Auckland, New Zealand (in International and Comparative Law Quarterly (ICLQ) "Gilbert’s gaze is firmly fixed on the future and the question how international law will reflect lex ferenda on indigenous land rights. His interpretation of international law must be seen in this light. He is looking beyond the current controversies in the rights discourse towards a more conciliatory phase in state-indigenous relations. International law undoubtedly has an important role to play in his vision, but its primary function is to facilitate dialogue rather than as a combative and adversarial mechanism. (..) Gilbert’s book is a tour de force on indigenous territoriality.” Stephen Allen, Senior Lecturer in Law, Queen Mary University London, United Kingdom (in International Journal on Minority and Group Rights
Author: Pedro García Hierro
Publisher: IWGIA
ISBN: 9788791563119
Category : Science
Languages : en
Pages : 288
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Book Description
By describing the fabric of relationships indigenous peoples weave with their environment, The Land Within attempts to define a more precise notion of indigenous territoriality. A large part of the work of titling the South American indigenous territories may now be completed but this book aims to demonstrate that, in addition to management, these territories involve many other complex aspects that must not be overlooked if the risk of losing these areas to settlers or extraction companies is to be avoided. Alexandre Surralls holds a doctorate in anthropology from the School for Higher Studies in Social Sciences and is a researcher on the staff of the National Centre for Scientific Research. Pedro Garca Hierro is a lawyer from Madrid Complutense University and the Pontifical Catholic University of Peru. He has worked with various indigenous organizations, on issues related to the identification and development of collective rights and the promotion of intercultural democratic reforms.
Author: David Lea
Publisher: BRILL
ISBN: 9004166947
Category : Law
Languages : en
Pages : 307
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Book Description
This work offers an analysis of the Western formal system of private property and its moral justification and explains the relevance of the institution to particular current issues that face aboriginal peoples and the developing world. The subjects under study include broadly: aboriginal land claims; third world development; intellectual property rights and the relatively recent TRIPs agreement (Trade related Aspects of Intellectual Property Rights). Within these broad areas we highlight the following concerns: the maintenance of cultural integrity; group autonomy; economic benefit; access to health care; biodiversity; biopiracy and even the independence of the recently emerged third world nation states. Despite certain apparent advantages from embracing the Western institution of private ownership, the text explains that the Western institution of private property is undergoing a fundamental redefinition through the expansion.
Author: Penelope Anthias
Publisher: Cornell University Press
ISBN: 1501714287
Category : Social Science
Languages : en
Pages : 416
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Book Description
Penelope Anthias’s Limits to Decolonization addresses one of the most important issues in contemporary indigenous politics: struggles for territory. Based on the experience of thirty-six Guaraní communities in the Bolivian Chaco, Anthias reveals how two decades of indigenous mapping and land titling have failed to reverse a historical trajectory of indigenous dispossession in the Bolivian lowlands. Through an ethnographic account of the "limits" the Guaraní have encountered over the course of their territorial claim—from state boundaries to landowner opposition to hydrocarbon development—Anthias raises critical questions about the role of maps and land titles in indigenous struggles for self-determination. Anthias argues that these unresolved territorial claims are shaping the contours of an era of "post-neoliberal" politics in Bolivia. Limits to Decolonization reveals the surprising ways in which indigenous peoples are reframing their territorial projects in the context of this hydrocarbon state and drawing on their experiences of the limits of state recognition. The tensions of Bolivia’s "process of change" are revealed, as Limits to Decolonization rethinks current debates on cultural rights, resource politics, and Latin American leftist states. In sum, Anthias reveals the creative and pragmatic ways in which indigenous peoples contest and work within the limits of postcolonial rule in pursuit of their own visions of territorial autonomy.
Author: Garth Nettheim
Publisher: Aboriginal Studies Press
ISBN:
Category : Business & Economics
Languages : en
Pages : 510
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Book Description
Indigenous peoples, legal and other professionals have actively engaged a number of international and national legal mechanisms to achieve degees of self governance in Canada, the United States, Greenland, Denmark, Norway, New Zealand and Australia. This title presents these precedents in the ongoing effort for self governance.
