European Conquest And The Rights Of Indigenous Peoples
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European Conquest And The Rights Of Indigenous Peoples
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Author : Paul Keal
language : en
Publisher: Cambridge University Press
Release Date : 2003-08-28
European Conquest And The Rights Of Indigenous Peoples written by Paul Keal and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-08-28 with History categories.
Paul Keal examines the historical role of international law and political theory in justifying the dispossession of indigenous peoples as part of the expansion of international society. He argues that, paradoxically, law and political theory can now underpin the recovery of indigenous rights. At the heart of contemporary struggles is the core right of self-determination, and Keal argues for recognition of indigenous peoples as 'peoples' with the right of self-determination in constitutional and international law, and for adoption of the Draft Declaration on the Rights of Indigenous Peoples by the General Assembly. He asks whether the theory of international society can accommodate indigenous peoples and considers the political arrangements needed for states to satisfy indigenous claims. The book also questions the moral legitimacy of international society and examines notions of collective guilt and responsibility.
Rivers Of Blood Rivers Of Gold
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Author : Mark Cocker
language : en
Publisher: Grove Press
Release Date : 2001
Rivers Of Blood Rivers Of Gold written by Mark Cocker and has been published by Grove Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with History categories.
Focusing on the conquest of Mexico, the British onslaught on the Tasmanian Aborigines, the uprooting of the Apaches, and the German campaign against the tribes of southwest Africa, Cocker illuminates the fundamental experiences that underlie colonial expansion around the globe.
Lawful Conquest
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Author : Constanze Weiske
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2021-10-04
Lawful Conquest written by Constanze Weiske and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-04 with History categories.
The global expansion of European colonization is commonly perceived as lawful according to the valid European colonial law of the time. This book is substantially challenging this belief by uncovering its legal justifications based on discovery and terra nullius as retrospectively created legal fictions and demonstrating it ́s untenability in practice. Focused on the critical reconstruction of Spanish and Dutch colonization practices in northeastern South America, Trinidad and Tobago between 1498 and 1817, the book offers an illuminating view on the European shadow of the colonial past in the Americas. Based on the application of an innovative comparative spatio-legal Global History approach to 1,770 excavated European colonial written sources from archives of both sides of the Atlantic in comparison to the colonial legal provisions of Europe ́s most influential legal writers, the book, moreover, provides a substantial argument to the contemporary Caribbean-European reparation debate in favor of the return of Indigenous Peoples ́ historical territories. Therefore, the book calls for the extension of the traditional territory approach to reparations of the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIPs) and the Inter-American Court of Human Rights (IACHR).
Exploration And Conquest
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Author : Rhythm Prism LLC
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2016-09-02
Exploration And Conquest written by Rhythm Prism LLC and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-02 with categories.
This book tries to strike a balance between honoring the cultures of indigenous peoples and describing the grim fate so many suffered during the era of European colonialism. The story of European conquest and exploration is often told in terms of conflict between competing European nations. A history of the Boer Wars, for example, typically tallies the losses suffered by the Boers and the British. Often omitted is the toll these wars took on the indigenous people of the area. Likewise, French Guiana, the penal colony in which the legendary Devil's Island is located, is described usually in terms of the brutality suffered by the prisoners. Rarely mentioned is the devastation suffered by the indigenous people of Guiana. Exploration and Conquest: Stories of Indigenous Peoples goes around the world. So many different peoples suffered under European colonialism that only a representative few could be covered. However, these do convey an impression of grave indifference to life and even genocide under colonial rule. The book is filled with photos and illustrations that bring the stories of indigenous peoples to life. There are maps, also, to show the vast territories that were the bounty of war and colonization. The book is appropriate for mature readers, including high school students.
Empire By Treaty
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Author : Saliha Belmessous
language : en
Publisher: Oxford University Press
Release Date : 2014-10-30
Empire By Treaty written by Saliha Belmessous and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-30 with History categories.
Most histories of European appropriation of indigenous territories have, until recently, focused on conquest and occupation, while relatively little attention has been paid to the history of treaty-making. Yet treaties were also a means of extending empire. To grasp the extent of European legal engagement with indigenous peoples, Empire by Treaty: Negotiating European Expansion, 1600-1900 looks at the history of treaty-making in European empires (Dutch, Spanish, Portuguese, French and British) from the early 17th to the late 19th century, that is, during both stages of European imperialism. While scholars have often dismissed treaties assuming that they would have been fraudulent or unequal, this book argues that there was more to the practice of treaty-making than mere commercial and political opportunism. Indeed, treaty-making was also promoted by Europeans as a more legitimate means of appropriating indigenous sovereignties and acquiring land than were conquest or occupation, and therefore as a way to reconcile expansion with moral and juridical legitimacy. As for indigenous peoples, they engaged in treaty-making as a way to further their interests even if, on the whole, they gained far less than the Europeans from those agreements and often less than they bargained for. The vexed history of treaty-making presents particular challenges for the great expectations placed in treaties for the resolution of conflicts over indigenous rights in post-colonial societies. These hopes are held by both indigenous peoples and representatives of the post-colonial state and yet, both must come to terms with the complex and troubled history of treaty-making over 300 years of empire. Empire by Treaty looks at treaty-making in Dutch colonial expansion, the Spanish-Portuguese border in the Americas, aboriginal land in Canada, French colonial West Africa, and British India.
Conquest By Law
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Author : Lindsay G. Robertson
language : en
Publisher: Oxford University Press
Release Date : 2005-08-25
Conquest By Law written by Lindsay G. Robertson and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-08-25 with History categories.
In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world. At the heart of the decision for Johnson v. M'Intosh was a "discovery doctrine" that gave rights of ownership to the European sovereigns who "discovered" the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historical origins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the complete and troubling account of the European "discovery" of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law that governs indigenous people and their lands to this day.
Rivers Of Blood Rivers Of Gold
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Author : Mark Cocker
language : en
Publisher:
Release Date : 1999
Rivers Of Blood Rivers Of Gold written by Mark Cocker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Europe categories.
A study of four different conflicts between so-called civilised and indigenous peoples, which considers the subsequent changing historic portrayals of each clash. The conquest of Mexico, the British onslaught on the Tasmanian Aborigines, the uprooting of the Apaches, and the German campaign against the tribes of South West Africa are considered.
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.
Lawful Conquest
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Author : Constanze Weiske
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2021-10-04
Lawful Conquest written by Constanze Weiske and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-04 with History categories.
The global expansion of European colonization is commonly perceived as lawful according to the valid European colonial law of the time. This book is substantially challenging this belief by uncovering its legal justifications based on discovery and terra nullius as retrospectively created legal fictions and demonstrating it ́s untenability in practice. Focused on the critical reconstruction of Spanish and Dutch colonization practices in northeastern South America, Trinidad and Tobago between 1498 and 1817, the book offers an illuminating view on the European shadow of the colonial past in the Americas. Based on the application of an innovative comparative spatio-legal Global History approach to 1,770 excavated European colonial written sources from archives of both sides of the Atlantic in comparison to the colonial legal provisions of Europe ́s most influential legal writers, the book, moreover, provides a substantial argument to the contemporary Caribbean-European reparation debate in favor of the return of Indigenous Peoples ́ historical territories. Therefore, the book calls for the extension of the traditional territory approach to reparations of the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIPs) and the Inter-American Court of Human Rights (IACHR).
The Inherent Rights Of Indigenous Peoples In International Law
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Author : Antonietta Di Blase
language : en
Publisher: Roma TrE-Press
Release Date : 2020-02-24
The Inherent Rights Of Indigenous Peoples In International Law written by Antonietta Di Blase and has been published by Roma TrE-Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-24 with Law categories.
This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations.