Sovereignty Indigenous Rights
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We Are All Here To Stay
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Author : Dominic O’Sullivan
language : en
Publisher: ANU Press
Release Date : 2020-09-21
We Are All Here To Stay written by Dominic O’Sullivan and has been published by ANU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-21 with Political Science categories.
In 2007, 144 UN member states voted to adopt a Declaration on the Rights of Indigenous Peoples. Australia, Canada, New Zealand and the US were the only members to vote against it. Each eventually changed its position. This book explains why and examines what the Declaration could mean for sovereignty, citizenship and democracy in liberal societies such as these. It takes Canadian Chief Justice Lamer’s remark that ‘we are all here to stay’ to mean that indigenous peoples are ‘here to stay’ as indigenous. The book examines indigenous and state critiques of the Declaration but argues that, ultimately, it is an instrument of significant transformative potential showing how state sovereignty need not be a power that is exercised over and above indigenous peoples. Nor is it reasonably a power that displaces indigenous nations’ authority over their own affairs. The Declaration shows how and why, and this book argues that in doing so, it supports more inclusive ways of thinking about how citizenship and democracy may work better. The book draws on the Declaration to imagine what non-colonial political relationships could look like in liberal societies.
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.
Recognition Sovereignty Struggles Indigenous Rights In The United States
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Author : Amy E. Den Ouden
language : en
Publisher: UNC Press Books
Release Date : 2013
Recognition Sovereignty Struggles Indigenous Rights In The United States written by Amy E. Den Ouden and has been published by UNC Press Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with History categories.
Recognition, Sovereignty Struggles, and Indigenous Rights in the United States: A Sourcebook
Indigenous Data Sovereignty
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Author : Tahu Kukutai
language : en
Publisher: ANU Press
Release Date : 2016-11-14
Indigenous Data Sovereignty written by Tahu Kukutai and has been published by ANU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-14 with Social Science categories.
As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines
Sharing The Sovereign Indigenous Peoples Recognition Treaties And The State
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Author : Dominic O'Sullivan
language : en
Publisher: Springer Nature
Release Date : 2020-12-21
Sharing The Sovereign Indigenous Peoples Recognition Treaties And The State written by Dominic O'Sullivan and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-21 with Political Science categories.
This book explains how recognition theory contributes to non-colonial and enduring political relationships between Indigenous nations and the state. It refers to Indigenous Australian arguments for a Voice to Parliament and treaties to show what recognition may mean for practical politics and policy-making. It considers critiques of recognition theory by Canadian First Nations’ scholars who make strong arguments for its assimilationist effect, but shows that ultimately, recognition is a theory and practice of transformative potential, requiring fundamentally different ways of thinking about citizenship and sovereignty. This book draws extensively on New Zealand’s Treaty of Waitangi and measures to support Maori political participation, to show what treaties and a Voice to Parliament could mean in practical terms. It responds to liberal democratic objections to show how institutionalised means of indigenous participation may, in fact, make democracy work better.
Indigenous Peoples Natural Resources And Permanent Sovereignty
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Author : Andrea Mensi
language : en
Publisher: BRILL
Release Date : 2022-12-19
Indigenous Peoples Natural Resources And Permanent Sovereignty written by Andrea Mensi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-19 with Law categories.
This work aims to be the definitive exploration of the possibility to conceptualize permanent sovereignty over natural resources vested in indigenous peoples rather than in States under international law.
Indigenous Sovereignty And The Democratic Project
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Author : Steven Curry
language : en
Publisher: Taylor & Francis
Release Date : 2023-01-13
Indigenous Sovereignty And The Democratic Project written by Steven Curry and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-13 with Law categories.
Liberal democracies are predicated on popular sovereignty - the ideal of government for and by the People. Throughout the developed world indigenous peoples continue to deny legitimacy to otherwise popular governments because their consent has never been sought. Using examples from Australia, New Zealand, Canada and the USA, this book tackles the problem of democratic legitimation from the perspective of indigenous peoples, arguing that having suffered conquest, these people cannot be said to consent until conditions for their consent have been realised. These conditions include constitutional change that recognizes indigenous law as the 'law of the land' - a radical proposal going far beyond the current limits of self-determination.
Sovereignty And Land Rights Of Indigenous Peoples In The United States
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Author : Wayne Edwards
language : en
Publisher: Springer Nature
Release Date : 2020-09-01
Sovereignty And Land Rights Of Indigenous Peoples In The United States written by Wayne Edwards and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-01 with Business & Economics categories.
This book presents a comparative study of the land settlements and sovereign arrangements between the US government and the three major aggregated groups of indigenous peoples—American Indians, Native Alaskans, and Native Hawaiians—whose land rights claims have resulted in very different outcomes. It shows that the outcomes of their sovereign claims were different, though their bases were similar. While the US government insists that it is committed to the government-to-government relationship it has with the tribes, federal authority severely limits the ability of tribal governments to participate as an equal partner.
Sovereignty Colonialism And The Indigenous Nations
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Author : Robert Odawi Porter
language : en
Publisher:
Release Date : 2005
Sovereignty Colonialism And The Indigenous Nations written by Robert Odawi Porter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
This book is an extensive compilation of readings focused on the meaning of sovereignty and self-determination in relation to Indigenous nations and peoples in the United States. The overall purpose of the book is to afford readers the opportunity to study and analyze the interplay of legal, political, economic, and cultural factors that contribute to the debate surrounding the status of Indigenous nations and peoples within American society. The book is divided into three parts, with each part prefaced by a set of questions for the reader to consider. The first part explores the meaning of Indigenous nation sovereignty from three different perspectives--the Indigenous nations and peoples, the colonizing peoples, and the international community. The second part then addresses the different ways in which this sovereignty is threatened. The last part of the book explores the variety of approaches by which Indigenous nation sovereignty may be preserved and strengthened in the future. The readings included are extraordinarily broad in scope and are designed to promote vigorous student inquiry and discussion. In addition to including a wide variety of authors, the works include speeches, testimony, policy statements, law cases, statutes, articles, book chapters, and newspaper stories. The materials are extensively edited (with few footnotes and citations) so as to focus the reader on important concepts and to facilitate overall understanding. The book is intended for use in both law school and non-law school courses relating to law and policy dealing with Indigenous nations and peoples, American history, and international law and policy governing minorities and Indigenous peoples. The book is also designed for use in undergraduate courses and seminars.
Sovereignty In The Exercise Of The Right To Self Determination
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Author : Jane A. Hofbauer
language : en
Publisher: BRILL
Release Date : 2016-11-03
Sovereignty In The Exercise Of The Right To Self Determination written by Jane A. Hofbauer and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-03 with Law categories.
In Sovereignty in the Exercise of the Right to Self-Determination Jane Hofbauer explores to what extent (indigenous) peoples can be designated as sovereign entities through the exercise of different tiers of self-determination.