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Author: Carwyn Jones
Publisher: UBC Press
ISBN: 0774831715
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: Carwyn Jones
Publisher: UBC Press
ISBN: 0774831715
Category : History
Languages : en
Pages : 232
Get Book
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: 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: 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: Claudia Orange
Publisher: Bridget Williams Books
ISBN: 1988587158
Category : History
Languages : en
Pages : 672
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Book Description
The Treaty of Waitangi/Te Tiriti o Waitangi is a foundational document for New Zealand. Signed in 1840 by more than 540 rangatira and representatives of the British Crown, the Treaty set out an agreement between Māori and the European newcomers that remains central to this country’s cultural and political life. Claudia Orange’s writing on the Treaty has contributed to New Zealanders’ understanding of this history for over thirty years. In this new edition of her popular illustrated history, Dr Orange brings the narrative of Te Tiriti/Treaty up to date, covering major developments in iwi claims and Treaty settlements – including the ‘personhood’ established for the Whanganui River and Te Urewera, applications for customary title in the foreshore and seabed, and critical matters of intellectual property, language and political partnership. New Zealand’s commitment to the Treaty claims process has far-reaching implications for this country’s future, and this clear account provides readers with invaluable insights into an all-important history. The Treaty of Waitangi by Claudia Orange was first published in 1987 to national acclaim, receiving the Goodman Fielder Wattie Award. This widely respected history has since advanced through several new editions. The Treaty of Waitangi/Te Tiriti o Waitangi: An Illustrated History is the most comprehensive account yet, presented in full colour and drawing on Dr Orange’s recent research into the nine sheets of the Treaty and their signatories.
Author: Matthew SR Palmer
Publisher: Bloomsbury Publishing
ISBN: 1849469059
Category : Law
Languages : en
Pages : 336
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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: 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: Foluke I Adebisi
Publisher: Taylor & Francis
ISBN: 1003821731
Category : Education
Languages : en
Pages : 307
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Book Description
This book offers an international breadth of historical and theoretical insights into recent efforts to "decolonise" legal education across the world. With a specific focus on post- and decolonial thought and anti-racist methods in pedagogy, this edited collection provides an accessible illustration of pedagogical innovation in teaching and learning law. Chapters cover civil and common law legal systems, incorporate cases from non-state Indigenous legal systems, and critically examine key topics such as decolonisation and anti-racism in criminology, colonialism and the British Empire, and court process and Indigenous justice. The book demonstrates how teaching can be modified and adapted to address long-standing injustice in the curriculum. Offering a systematic collection of theoretical and practical examples of anti-racist and decolonial legal pedagogy, this volume will appeal to curriculum designers and law educators as well as to undergraduate and post-graduate law level teachers and researchers.
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: Jason NE Varuhas
Publisher: Bloomsbury Publishing
ISBN: 1509930396
Category : Law
Languages : en
Pages : 544
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Book Description
This major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining cutting-edge issues at the intersection of public law and other fields. The collection addresses four principal frontiers: public law and international law; public law and indigenous peoples; public law and other domestic fields, specifically criminal law and private law; and public law and public administration. In common with the two books from the previous Public Law Conferences, this collection offers authoritative insights into the most important issues emerging in public law, and is essential reading for those working in the field.
Author: Jill Barrett
Publisher: Cambridge University Press
ISBN: 1107111900
Category : Business & Economics
Languages : en
Pages : 533
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Book Description
Aims to provide a useful analytical tool and practical guidance on good treaty practice. It will be of interest to those working with treaties and treaty procedures in governments, international organisations, and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.
