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: 3572
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.

Aboriginal Customary Law: A Source of Common Law Title to Land

Author: Ulla Secher
Publisher: Bloomsbury Publishing
ISBN: 1782253777
Category: Law
Page: 534
View: 8716
Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).

Aboriginal Title

The Modern Jurisprudence of Tribal Land Rights
Author: P. G. McHugh
Publisher: OUP Oxford
ISBN: 0191018546
Category: Law
Page: 378
View: 5893
Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.

Recovering Canada

The Resurgence of Indigenous Law
Author: John Borrows
Publisher: University of Toronto Press
ISBN: 9780802085016
Category: Law
Page: 312
View: 5564
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.

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: 7065
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.

Indigenous Peoples' Rights in Southern Africa

Author: Robert K. Hitchcock,Diana Vinding
Publisher: IWGIA
ISBN: 9788791563089
Category: Social Science
Page: 278
View: 3509
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, Customary Law and Human Rights - Why Living Law Matters

Author: Brendan Tobin
Publisher: Routledge
ISBN: 1317697537
Category: Law
Page: 304
View: 3571
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 Peoples and Natural Resources in Canada

Author: Claudia Notzke
Publisher: Captus Press
ISBN: 9781895712032
Category: Business & Economics
Page: 337
View: 8380
This book is an essential resource for aboriginal people engaged in the use and management of natural resources, and for those who seek professional training in the field. Anyone wanting to know more about the social and environmental issues pertaining to more responsible and equitable environmental and ecological management will find a wealth of information in this volume.

Indigenous People and the Roles of Culture, Law and Globalization

Comparing the Americas, Asia-Pacific, and Africa
Author: Kennedy M. Maranga
Publisher: Universal-Publishers
ISBN: 1612332676
Category: Social Science
Page: 224
View: 8458
This book explores the history, culture, rights and the effects of globalization on indigenous people in the Americas, Asia-Pacific, and Africa from an evaluative and critical perspective. Unlike discipline-based textbooks, this volume seeks to contribute to the social discourse around indigenousness and to engage readers in a shared sense of humanity and empowerment for these groups of individuals. Among the issues addressed are: who indigenous people are, culture and colonization, self-determination, the impact of legal theory and judicial decisions, land rights, poverty, lack of healthcare, international human rights law, tourism, treaties, and globalization. The book concludes by addressing what it means to be an indigenous person in the 21st century, and calling upon policymakers to recognize the importance of preserving indigenous people's territories, languages, cultures and collective rights.

Aboriginal and Treaty Rights in Canada

Essays on Law, Equity, and Respect for Difference
Author: Michael Asch
Publisher: UBC Press
ISBN: 9780774805810
Category: Social Science
Page: 284
View: 5698
In the last two decades there has been positive change in how the Canadian legal system defines Aboriginal and treaty rights. Yet even after the recognition of those rights in the Constitution Act of 1982, the legacy of British values and institutions as well as colonial doctrine still shape how the legal system identifies and interprets Aboriginal and treaty rights. The eight essays in Aboriginal and Treaty Rights in Canada focus on redressing this bias. All of them apply contemporary knowledge of historical events as well as current legal and cultural theory in an attempt to level the playing field. The book highlights rich historical information that previous scholars may have overlooked. Of particular note are data relevant to better understanding the political and legal relations established by treaty and the Royal Proclamation of 1763. Other essays include discussion of such legal matters as the definition of Aboriginal rights and the privileging of written over oral testimony in litigation.

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

Author: Paul Havemann
Publisher: Oxford University Press, USA
ISBN: 9780195584073
Category: Political Science
Page: 520
View: 2366
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.

Defining aboriginal title in the 90's

has the Supreme Court finally got it right?
Author: Kent McNeil,Robarts Centre for Canadian Studies,York University (Toronto, Ont.)
Publisher: N.A
Category: Law
Page: 48
View: 6881

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: 4363
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.”

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: 7825
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.

Global Responsibility - Local Agenda

The Legitimacy of Modern Self-determination and African Traditional Authority
Author: Manfred O. Hinz,Frank Thomas Gatter
Publisher: LIT Verlag Münster
ISBN: 9783825867829
Category: Social Science
Page: 284
View: 4313
In various African countries, governments have been forced to accept or establish decentralized structures in order to help the poor sections of their population gain access to and influence development resources. There is confusion about the role and function of such decentralized structures, as well as sustainable political approaches to the top-down transfer of government power in the context of local agendas. This book highlights major aspects of the legitimacy of local power as presented by both modern self-government structures and traditional communal authorities. Although the main focus is on Southern Africa (Namibia, South Africa, Botswana), examples from other regions (Ghana, Democratic Republic of Congo) are also presented. Manfred O. Hinz is professor at the Centre for Applied Social Sciences, Windhoek. Thomas Gatter is researcher at the Centre of African and Migration Studies, Bremen.

Political Theory and the Rights of Indigenous Peoples

Author: Duncan Ivison,Paul Patton
Publisher: Cambridge University Press
ISBN: 9780521779371
Category: Political Science
Page: 323
View: 1106
This 2001 book focuses on the problem of justice for indigenous peoples and the ways in which this poses key questions for political theory: the nature of sovereignty, the grounds of national identity and the limits of democratic theory. It includes chapters by leading political theorists and indigenous scholars from Australia, Aotearoa/New Zealand, Canada and the United States. One of the strengths of this book is the manner in which it shows how the different historical circumstances of colonization in these countries nevertheless raise common problems and questions for political theory. It examines ways in which political theory has contributed to the past subjugation and continuing disadvantage faced by indigenous peoples, while also seeking to identify resources in contemporary political thought that can assist the 'decolonisation' of relations between indigenous and non-indigenous peoples.

Aboriginal Peoples and the Law

Author: Bradford Morse
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773583556
Category: Social Science
Page: 935
View: 1989

Information Technology and Indigenous People

Author: Dyson, Laurel Evelyn
Publisher: IGI Global
ISBN: 9781599043005
Category: Computers
Page: 372
View: 1096
"This book provides theoretical and empirical information related to the planning and execution of IT projects aimed at serving indigenous people. It explores cultural concerns with IT implementation, including language issues & questions of cultural appropriateness"--Provided by publisher.