Aboriginal Peoples Colonialism And International Law
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Aboriginal Peoples Colonialism And International Law
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Author : Irene Watson
language : en
Publisher: Routledge
Release Date : 2014-10-17
Aboriginal Peoples Colonialism And International Law written by Irene Watson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-17 with History categories.
This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.
Indigenous Peoples As Subjects Of International Law
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Author : Irene Watson
language : en
Publisher: Taylor & Francis
Release Date : 2017-07-14
Indigenous Peoples As Subjects Of International Law written by Irene Watson and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-14 with Law categories.
For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.
Indigenous Peoples Land Rights Under International Law
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Author : Jérémie Gilbert
language : en
Publisher: BRILL
Release Date : 2016-07-08
Indigenous Peoples Land Rights Under International Law written by Jérémie Gilbert and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-08 with Law categories.
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.
Decolonizing Law
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Author : Sujith Xavier
language : en
Publisher: Routledge
Release Date : 2021-05-24
Decolonizing Law written by Sujith Xavier and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-24 with Law categories.
This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.
International Law And Indigenous Peoples
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Author : Joshua Castellino
language : en
Publisher: BRILL
Release Date : 2005-03-01
International Law And Indigenous Peoples written by Joshua Castellino and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-03-01 with Law categories.
This volume highlights those instances in the work of international organizations where advances have been made concerning indigenous rights. It also devotes attention to the Permanent Forum on Indigenous Issues, to the Committee on the Elimination of Racial Discrimination, and to a number of thematic issues in the field. The human rights situations facing indigenous peoples in Australia, Bangladesh, Canada, India, Kenya, Mexico, Nicaragua, Nigeria and South Africa are dealt with in separate chapters.
Indigenous Peoples In International Law
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Author : S. James Anaya
language : en
Publisher:
Release Date : 1998
Indigenous Peoples In International Law written by S. James Anaya and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Indigenous peoples categories.
Annotation In Indigenous Peoples in International Law, James Anaya explores the development and contours of international law as it concerns the world's indigenous peoples, culturally distinctive groups that are descended from the original inhabitants of lands now dominated by others. Anaya demonstratesthat, while historical trends in international law largely facilitated the colonization of indigenous peoples and their lands, modern international law's human rights program has been responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. Over the last several years, the international system--particularly as embodied in the United Nations and other international institutions--has exhibited a renewed and increasingly heightened focus on the concerns of indigenous peoples. Anaya discusses the resulting new generation of internationaltreaty and customary norms, while linking the new and emergent norms with previously existing international human rights standards of general applicability. Anaya further identifies and analyzes institutions and procedures, at both the domestic and international levels, for implementinginternational norms concerning indigenous peoples.
The Rights Of Indigenous Peoples In International Law
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Author : University of Saskatchewan. Native Law Centre
language : en
Publisher: [Saskatoon] : University of Saskatchewan, Native Law Centre
Release Date : 1987
The Rights Of Indigenous Peoples In International Law written by University of Saskatchewan. Native Law Centre and has been published by [Saskatoon] : University of Saskatchewan, Native Law Centre this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Law categories.
Six essays in which specialists in international law examine indigenous peoples' right to self-determination from different perspectives, most of which were first presented at the International Conference on Aboriginal Rights and World Public Order organized by Carleton University and held in Ottawa in 1983. Where possible, updating information has been provided in editor's notes.
Other People S Country
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Author : Timothy Neale
language : en
Publisher: Routledge
Release Date : 2018-02-02
Other People S Country written by Timothy Neale and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-02 with Social Science categories.
Other People’s Country thinks through the entangled objects of law – legislation, policies, institutions, treaties and so on – that ‘govern’ waters and that make bodies of water ‘lawful’ within settler colonial sites today. Informed by the theoretical interventions of cosmopolitics and political ecology, each opening up new approaches to questions of politics and ‘the political’, the chapters in this book locate these insights within material settler colonial ‘places’ rather than abstract structures of domination. A claim to water – whether by Indigenous peoples or settlers – is not simply a claim to a resource. It is a claim to knowledge and to the constitution of place and therefore, in the terms of Isabelle Stengers, to the continued constitution of the past, present and future of real worlds. Including contributions from the fields of anthropology, cultural studies, cultural geography, critical legal studies, and settler colonial studies, this collection not only engages with issues of law, water and entitlement in different national contexts – including Australia, Aotearoa/New Zealand, New Caledonia and the USA – but also from diverse disciplinary and institutional contexts. This book was originally published as a special issue of Settler Colonial Studies.
Indigenous Peoples And Human Rights
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Author : Patrick Thornberry
language : en
Publisher:
Release Date : 2002
Indigenous Peoples And Human Rights written by Patrick Thornberry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
This study of the rights of indigenous peoples looks at the historical, cultural, and legal background to the position of indigenous peoples in a range of different cultures, including America, Africa and Australia. It defines who and what indigenous peoples actually are, and looks at their position in the light of the development of international law. The study the looks at their legal position, and their economic, social and cultural rights in respect of various laws and conventions passed on a national and international scale throughout the world. It considers the International Covenant on Civil and Political Rights, the UN Convention on the Rights of the Child, the Racial Discrimination Convention, the African Charter on Human and Peoples Rights, the UN Draft Declaration in Indigenous Peoples and the Proposed American Declaration on the Rights of Indigenous Peoples. There is discussion on how the development of human rights legislation and principles as a central tenet of international law has been of considerable benefit to indigenous peoples.
International Law And Indigenous Peoples
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Author : S. James Anaya
language : en
Publisher:
Release Date : 2017
International Law And Indigenous Peoples written by S. James Anaya and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Electronic books categories.
"This title was first published in 2003. One of the most dynamic areas of international law today concerns the rights and status of indigenous peoples. Within the contemporary discourse of international law, the term indigenous is now commonly used in association with a particular class of culturally distinctive groups together with the problems they face; problems that are legacies of historical patterns of invasion and colonization. The essays in this volume have been assembled to promote understanding about the relation of international law to the claims and aspirations that indigenous peoples have posited in the international arena today."--Provided by publisher.