Indigenous Peoples and the Law Comparative and Critical Perspectives

by Richardson, Benjamin J.; Imai, Shin; McNeil, Kent

• ISBN13: 9781841137957
• ISBN10: 1841137952
• Format: Paperback
• Copyright: 2009-04-16
• Publisher: Hart Publishing

Summary

Indigenous Peoples and the Law provides an historical, comparative, and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of the US, Australia, Canada, and New Zealand, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples. The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory. Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places.

Author Biography

Benjamin J Richardson, Shin Imai and Kent McNeil are Professors at Osgoode Hall Law School of York University in Toronto.

Table of Contents

Acknowledgements	p. v
Common Abbreviations	p. ix
Contributors	p. xi
Introduction
Indigenous Peoples and the Law-Historical, Comparative and Contextual Issues	p. 3
Sovereignty, Status and Self-Determination in Historical Perspective
Promise and Paradox: The Emergence of Indigenous Rights Law in Canada	p. 21
The Dyadic Character of US Indian Law	p. 51
Australia: The White House with Lovely Dot Paintings whose Inhabitants have 'Moved on' from History?	p. 81
The M&abar;ori Encounter with Aotearoa: New Zealand's Legal System	p. 111
The Inter-American System and the Rights of Indigenous Peoples: Human Rights and the Realist Model	p. 135
Indigenous Peoples and International Law and Policy	p. 161
Contemporary Claims, Issues and Settlements
Indigenous Legal Theory: Some Initial Considerations	p. 195
Aboriginal Discourse: Gender, Identity and Community	p. 233
Judicial Treatment of Indigenous Land Rights in the Common Law World	p. 257
Indigenous Self-Determination and the State	p. 285
Law of the Land-Recognition and Resurgence in Indigenous Law and Justice Systems	p. 315
The Ties that Bind: Indigenous Peoples and Environmental Governance	p. 337
ADR Processes and Indigenous Rights: A Comparative Analysis of Australia, Canada and New Zealand	p. 371
Conclusion
Physical Philosophy: Mobility and the Future of Indigenous Rights	p. 403
Index	p. 421
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