Aboriginal Title and Indigenous Peoples

Canada, Australia, and New Zealand
Author: Louis A. Knafla,Haijo Westra
Publisher: UBC Press
ISBN: 0774859296
Category: Law
Page: 280
View: 2210
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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.

Let Right Be Done

Aboriginal Title, the Calder Case, and the Future of Indigenous Rights
Author: Hamar Foster,Heather Raven,Jeremy Webber
Publisher: UBC Press
ISBN: 0774840110
Category: Law
Page: 704
View: 9865
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In 1973 the Supreme Court of Canada issued a landmark decision in the Calder case, confirming that Aboriginal title constituted a right within Canadian law. Let Right Be Done examines the doctrine of Aboriginal title thirty years later and puts the Calder case in its legal, historical, and political context, both nationally and internationally. With its innovative blend of scholarly analysis and input from many of those intimately involved in the case, this book should be essential reading for anyone interested in Aboriginal law, treaty negotiations, and the history of the "BC Indian land question."

Human Rights of Indigenous Peoples: Comparative analysis of indigenous peoples


Author: N.A
Publisher: Gyan Publishing House
ISBN: 9788182052765
Category: Indigenous peoples
Page: 320
View: 8729
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Recognising Aboriginal Title

The Mabo Case and Indigenous Resistance to English-settler Colonialism
Author: Peter H. Russell
Publisher: University of New South Wales
ISBN: N.A
Category: Family & Relationships
Page: 470
View: 1745
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Considers the Mabo case, its background in colonial and Australian history and the events that led up to it, including the decade of litigation preceding the High Court's final decision. Also puts it in context of the international struggle by indigenous peoples in settler societies to overcome their colonised condition.

Indigenous Peoples' Land Rights under International Law

From Victims to Actors. Second Revised Edition
Author: Jérémie Gilbert
Publisher: BRILL
ISBN: 9004323252
Category: Political Science
Page: 350
View: 8597
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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.

Aboriginal Title

The Modern Jurisprudence of Tribal Land Rights
Author: P.G. McHugh
Publisher: Oxford University Press
ISBN: 0199699410
Category: Law
Page: 356
View: 4406
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Aboriginal title, the land rights of native peoples in former colonies, is one of the most significant developments in common law in the late 20th century. This book, by a key author in this field, sets out the beginnings, judicial acceptance and influence of this doctrine across national jurisdictions and in international law.

Coming to Terms

Aboriginal Title in South Australia
Author: Shaun Berg
Publisher: Wakefield Press
ISBN: 1862548676
Category: Aboriginal Australians
Page: 570
View: 6787
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Coming to Terms challenges conventional thinking about Aboriginal title in South Australia. It does so by examining the legal consequences of provisions in the State's founding documents that reserve or protect Aboriginal rights to land.

Recognizing Aboriginal Title

The Mabo Case and Indigenous Resistance to English-settler Colonialism
Author: Peter H. Russell
Publisher: N.A
ISBN: 9780802094438
Category: History
Page: 470
View: 6083
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A judicial revolution occurred in 1992 when Australia's highest court discarded a doctrine that had stood for two hundred years, that the country was a terra nullius - a land of no one - when the white man arrived. The proceedings were known as the Mabo Case, named for Eddie Koiki Mabo, the Torres Strait Islander who fought the notion that the Australian Aboriginal people did not have a system of land ownership before European colonization. The case had international repercussions, especially on the four countries in which English-settlers are the dominant population: Australia, Canada, New Zealand, and the United States. In Recognizing Aboriginal Title, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of Indigenous peoples to overcome their colonized status. Russell weaves together an historical narrative of Mabo's life with an account of the legal and ideological premises of European imperialism and their eventual challenge by the global forces of decolonization. He traces the development of Australian law and policy in relation to Aborigines, and provides a detailed examination of the decade of litigation that led to the Mabo case. Mabo died at the age of fifty-six just five months before the case was settled. Although he had been exiled from his land over a dispute when he was a teenager, he was buried there as a hero. Recognizing Aboriginal Title is a work of enormous importance by a legal and constitutional scholar of international renown, written with a passion worthy of its subject - a man who fought hard for his people and won.

Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters


Author: Brendan Tobin
Publisher: Routledge
ISBN: 1317697537
Category: Law
Page: 304
View: 7166
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This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

Governance in Northern Ontario

Economic Development and Policy Making
Author: Charles Conteh,Bob Segsworth
Publisher: University of Toronto Press
ISBN: 1442662867
Category: Political Science
Page: 232
View: 5843
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This book analyzes economic development policy governance in northern Ontario over the past thirty years, with the goal of making practical policy recommendations for present and future government engagement with the region. It brings together scholars from several disciplines to address the policy and management challenges in various sectors of northern Ontario’s economy, including the mining, pulp and paper, and tourism industries, and both small- and medium-sized businesses. Governance in Northern Ontario assesses the role of the provincial government and its economic policy intervention in the region’s economic development. The contributors evaluate the relationship between the provincial and local governments and the business sector, and also looser structures of policy networks, such as those of First Nations and other interested community groups. Focusing on the nature of partnerships between governments and societal interests, Governance in Northern Ontario makes a significant contribution to the theories and practice of public policy governance in socioeconomically disadvantaged regions.

Flawed Precedent

The St. Catherine's Case and Aboriginal Title
Author: Kent McNeil
Publisher: UBC Press
ISBN: 9780774861069
Category: Law
Page: 224
View: 7986
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In 1888, the Judicial Committee of the Privy Council ruled in the St. Catherine's case. This precedent-setting decision would define the legal contours of Aboriginal title in Canada for almost a hundred years. In Flawed Precedent, preeminent legal scholar Kent McNeil examines the trial and its context in detail, demonstrating how erroneous assumptions and prejudicial attitudes about Indigenous peoples and their land use influenced the case. He also discusses the effects the decision had on law and policy until the 1970s, when its authority was finally questioned in Calder and in other key rulings. McNeil has written a compelling account of a landmark case that undermined Indigenous land rights for almost a century.

Historical Dictionary of the Inuit


Author: Pamela R. Stern
Publisher: Scarecrow Press
ISBN: 9780810865563
Category: History
Page: 248
View: 3908
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The approximately 150,000 Inuit are indigenous to four nations - Denmark (Greenland), Canada, the United States (Alaska), and Russia - and thus have had very different colonial experiences and participate as citizens of those nations in different ways. Far from being victims of colonialism, Inuit are actively involved in shaping their social environments. Nonetheless, modern social and political realities present Inuit with many of the same issues faced by distinct peoples around the world. This volume describes how Inuit as a single people, citizens of separate nations, and residents of individual communities deal with education, language rights, self-government and self determination, the militarization of their lands and their lives, climate change and pollution, and globalization. This work presents an overview of the Inuit peoples of the Circumpolar North. Unlike other works that focus on traditional Inuit cultures, this work documents the social, political, and economic history of Inuit as part of a globalized world. The work contains information on traditional Inuit cultures, but special emphasis is placed on the recent history of Inuit communities. More than 450 dictionary entries cover issues of society, economy, and politics; influential educators and writers, environmentalists, and politicians; and the many voluntary associations and governmental agencies that have played a role in Inuit history. The introductory essay, chronology, and well-developed bibliography make this an ideal reference source for the researcher or student.

South African Journal on Human Rights


Author: N.A
Publisher: N.A
ISBN: N.A
Category: Human rights
Page: N.A
View: 9508
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Indigenous Peoples' Rights in Australia, Canada, & New Zealand


Author: Paul Havemann
Publisher: Oxford University Press, USA
ISBN: 9780195584073
Category: Political Science
Page: 520
View: 1042
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Indigenous Peoples' Rights in Australia, Canada and New Zealand aims to provide a contemporary and contextual survey and analysis of the legal and political interaction between the British settler, states of Australia, Canada and New Zealand, and the indigenous First Nation peoples they dispossessed. The text consists of a collection of commissioned essays, each focusing on a particular aspect of the relationship between the settler state and indigenous peoples. The contributors pose fundamental questions about the role of imposed legal and political institutions, both in continuing a process of colonial domination and in contributing to the progressive emancipation of indigenous peoples. The text includes sections on: indigenous peoples' perspectives on sovereignty, self-determination, and co-existence; a historical overview of settlement; comparative political jurisprudence and contemporary ethno-politics; the contemporary social impact of colonization; the administrationof indigenous affairs; and constitutionalizing indigenous rights.

Indigenous Peoples' Rights in Southern Africa


Author: Robert K. Hitchcock,Diana Vinding
Publisher: IWGIA
ISBN: 9788791563089
Category: Social Science
Page: 278
View: 6971
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This book is concerned with the first peoples (those people who are considered indigenous by themselves and others) of southern Africa such as the San, the Nama, and the Khoi, and their rights. Although living in democratic countries like Namibia, South Africa, Zimbabwe, and Botswana --and in principle sharing the same rights and responsibilities as the rest of the population--practice shows that these peoples more often than not are at the margins of the societies in which they live; they often face extreme poverty, and they frequently are subjected to discriminatory treatment and exposed to all kinds of human rights abuses. Robert K. Hitchcock is professor of anthropology and geography at the University of Nebraska-Lincoln, USA. He has done extensive research and development work in southern Africa in general and among San peoples in particular. Diana Vinding is an anthropologist working with the International Work Group for Indigenous Affairs (IWGIA) in Copenhagen.

Aboriginal Water Rights in Canada : a Study of Aboriginal Title to Water and Indian Water Rights


Author: Richard H. Bartlett
Publisher: Calgary : Canadian Institute of Resources Law
ISBN: N.A
Category: Law
Page: 235
View: 2768
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Considers aboriginal title to water, Indian water rights, the extent to which aboriginal water rights have been validly regulated or abrogated by legislation and examines the manner in which contemporary agreements have provided for aboriginal water rights.

Indigenous Peoples and Governance Structures

A Comparative Analysis of Land and Resource Management Rights
Author: Donna Craig,Gary D. Meyers
Publisher: Aboriginal Studies Press
ISBN: N.A
Category: Social Science
Page: 489
View: 4672
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Indigenous Australians share with the Indigenous peoples of the world a commitment to govern their lands. Increasingly, international law standards are providing for the right of indigenous participation in decisions affecting natural resources and land use. These rights are derived from common law. In practical terms, the degree of self governance is provided by national statutes and treaties or through the declarations and protocols of international bodies like the United Nations. Indigenous peoples, legal and other professionals have actively engaged a number of international and national legal mechanisms to achieve degrees of self-governance in Canada, the United States, Greenland, Demark, Norway, New Zealand and Australia. This book presents these dynamic precedents in the ongoing effort for indigenous self governance. The book, together with the companion volume on Prescribed Bodies Corporate, examines the policies and practices of various regimes of governance on Aboriginal land including the emerging regimes for the management of native title areas, and the incorporation of Indigenous interests into land administration. The authors have augmented this assessment with a comprehensive comparative analysis of regimes in operation in other jurisdictions. This study highlights the need for such, structures of engagement to be designed in ways that reflect Indigenous peoples' interests, perspectives and aspirations. To do so, Indigenous peoples must be involved in their design and implementation.

Recovering Canada

The Resurgence of Indigenous Law
Author: John Borrows
Publisher: University of Toronto Press
ISBN: 1487516754
Category: Law
Page: 326
View: 7728
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Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.

Negotiations in the Indigenous World

Aboriginal Peoples and the Extractive Industry in Australia and Canada
Author: Ciaran O'Faircheallaigh
Publisher: Routledge
ISBN: 1317511549
Category: Political Science
Page: 224
View: 1517
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Negotiated agreements play a critical role in setting the conditions under which resource development occurs on Indigenous land. Our understanding of what determines the outcomes of negotiations between Indigenous peoples and commercial interests is very limited. With over two decades experience with Indigenous organisations and communities, Ciaran O’Faircheallaigh's book offers the first systematic analysis of agreement outcomes and the factors that shape them, based on evaluative criteria developed especially for this study; on an analysis of 45 negotiations between Aboriginal peoples and mining companies across all of Australia’s major resource-producing regions; and on detailed case studies of four negotiations in Australia and Canada.