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: 9736
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.

Recognising Aboriginal Title

The Mabo Case and Indigenous Resistance to English-settler Colonialism
Author: Peter H. Russell
Publisher: University of New South Wales
Category: Family & Relationships
Page: 470
View: 1715
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.

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: 1968
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."

Aboriginal Title

The Modern Jurisprudence of Tribal Land Rights
Author: P.G. McHugh
Publisher: Oxford University Press
ISBN: 0199699410
Category: Law
Page: 356
View: 3453
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: 1183
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.

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: 4592
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.

Recovering Canada

The Resurgence of Indigenous Law
Author: John Borrows
Publisher: University of Toronto Press
ISBN: 1487516754
Category: Law
Page: 326
View: 3484
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.

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

Author: Brendan Tobin
Publisher: Routledge
ISBN: 1317697537
Category: Law
Page: 304
View: 2280
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.

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
Category: Law
Page: 235
View: 5432
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' Rights in Southern Africa

Author: Robert K. Hitchcock,Diana Vinding
Publisher: IWGIA
ISBN: 9788791563089
Category: Social Science
Page: 278
View: 2751
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.

Indigenous Peoples' Rights in Australia, Canada, & New Zealand

Author: Paul Havemann
Publisher: Oxford University Press, USA
ISBN: 9780195584073
Category: Political Science
Page: 520
View: 3900
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.

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: 6888
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.

Indigenous Peoples and Governance Structures

A Comparative Analysis of Land and Resource Management Rights
Author: Donna Craig,Gary D. Meyers
Publisher: Aboriginal Studies Press
Category: Social Science
Page: 489
View: 8051
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.

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: 8367
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.

Fragile Settlements

Aboriginal Peoples, Law, and Resistance in South-West Australia and Prairie Canada
Author: Amanda Nettelbeck,Russell Smandych,Louis A. Knafla,Robert Foster
Publisher: UBC Press
ISBN: 0774830913
Category: Social Science
Page: 336
View: 5099
Fragile Settlements compares the processes by which British colonial authority was asserted over Indigenous peoples in south-west Australia and Prairie Canada from the 1830s to the early twentieth century. At the start of this period, in a humanitarian response to settlers’ increased demand for land, Britain’s Colonial Office moved to protect Indigenous peoples by making them subjects under British law. This book highlights the parallels and divergences between these connected British frontiers by examining how colonial actors and institutions interpreted and applied the principle of law in their interaction with Indigenous peoples “on the ground.”

Racism Against Indigenous Peoples

Author: Suhas Chakma,Marianne Jensen,International Work Group for Indigenous Affairs
Publisher: IWGIA
ISBN: 9788790730468
Category: Social Science
Page: 336
View: 3691
"This book is published in connection with the UN "World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance" held in South Africa, 2001 and it contains articles by experts from throughout the world." - cover.


Indigenous Peoples and the Law
Author: Greta Bird,Gary Francis Martin,Jennifer Nielsen
Publisher: Federation Press
ISBN: 9781862871977
Category: Aboriginal Australians
Page: 298
View: 3105
A glance at the chapters in this book discloses issues of great importance to the Australian people. They include:self-determination for Aborigines claims of title to and compensation for loss of traditional lands the impact of British law on colonised peoples deaths in custody the Convention Concerning Indigenous and Tribal Peoples in Independent Countries criminal law after Mabo v Queensland (N0 2) incarceration of Aboriginal women intellectual property rights in indigenous art.These are issues which reflect the culture, the perceptions, the aspirations and concerns of Aboriginal people. As such, they are of importance to all Australians.It is my hope that this book will stimulate informed discourse which, in turn, will facilitate identification and resolution of unaddressed problems for the benefit of all Australians.Sir Gerard Brennan AC KBEChief Justice of Australia

Indigenous Peoples, Racism and the United Nations

Author: Martin N. Nakata
Publisher: Common Ground
ISBN: 1863350691
Category: Social Science
Page: 239
View: 7166
This book is published as both a record of conference proceedings, the workshops and the papers given, and a series of recommendations to be taken forward as agenda items for the United Nations at the World Conference in Durban, South Africa, September 2001.