Aboriginal Peoples And The Law

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Indigenous Peoples and the Law

Author : Benjamin J Richardson
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942203
Total Pages : 446 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Indigenous Peoples and the Law by : Benjamin J Richardson

Download or read book Indigenous Peoples and the Law written by Benjamin J Richardson and published by Bloomsbury Publishing. This book was released on 2009-03-18 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Australia, Canada, New Zealand and the United States, 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.

Aboriginal Peoples and the Law

Author : Jim Reynolds
Publisher : Purich Books
ISBN 13 : 0774880236
Total Pages : 296 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Aboriginal Peoples and the Law by : Jim Reynolds

Download or read book Aboriginal Peoples and the Law written by Jim Reynolds and published by Purich Books. This book was released on 2018-05-15 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. This book responds to that call, outlining significant legal developments in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand the relationship between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. He concludes that rather than leaving the judiciary to sort out essentially political issues, politicians need to take responsibility for this crucial aspect of building a just society.

Aboriginal Peoples, Colonialism and International Law

Author : Irene Watson
Publisher : Routledge
ISBN 13 : 1317938372
Total Pages : 204 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Aboriginal Peoples, Colonialism and International Law by : Irene Watson

Download or read book Aboriginal Peoples, Colonialism and International Law written by Irene Watson and published by Routledge. This book was released on 2014-10-17 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

ANNOTATED ABORIGINAL LAW

Author : SHIN. IMAI
Publisher :
ISBN 13 : 9780779871070
Total Pages : pages
Book Rating : 4.8/5 (71 download)

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Book Synopsis ANNOTATED ABORIGINAL LAW by : SHIN. IMAI

Download or read book ANNOTATED ABORIGINAL LAW written by SHIN. IMAI and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Terms of Coexistence

Author : Sébastien Grammond
Publisher :
ISBN 13 : 9780779854103
Total Pages : 645 pages
Book Rating : 4.8/5 (541 download)

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Book Synopsis Terms of Coexistence by : Sébastien Grammond

Download or read book Terms of Coexistence written by Sébastien Grammond and published by . This book was released on 2013-09 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book contains an in-depth discussion of the aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982, the provisions of the Indian Act regarding reserves and band councils, recent self-government regimes, the recognition of indigenous legal traditions, division of powers, taxation as well as the application of the child welfare and criminal justice systems. It also covers recent developments, such as the duty to consult and accommodate or the adoption of the United Nations Declaration on the Rights of the Indigenous Peoples."--pub. desc.

Indigenous Peoples as Subjects of International Law

Author : Irene Watson
Publisher : Taylor & Francis
ISBN 13 : 1317240669
Total Pages : 226 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Indigenous Peoples as Subjects of International Law by : Irene Watson

Download or read book Indigenous Peoples as Subjects of International Law written by Irene Watson and published by Taylor & Francis. This book was released on 2017-07-14 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Legal Traditions

Author : Law Commission of Canada
Publisher : UBC Press
ISBN 13 : 0774855770
Total Pages : 189 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Indigenous Legal Traditions by : Law Commission of Canada

Download or read book Indigenous Legal Traditions written by Law Commission of Canada and published by UBC Press. This book was released on 2008 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters

Author : Brendan Tobin
Publisher : Routledge
ISBN 13 : 1317697537
Total Pages : 361 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters by : Brendan Tobin

Download or read book Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters written by Brendan Tobin and published by Routledge. This book was released on 2014-08-27 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Law Handbook

Author : Shin Imai
Publisher : Scarborough, Ont. : Carswell
ISBN 13 : 9780459557775
Total Pages : 329 pages
Book Rating : 4.5/5 (577 download)

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Book Synopsis Aboriginal Law Handbook by : Shin Imai

Download or read book Aboriginal Law Handbook written by Shin Imai and published by Scarborough, Ont. : Carswell. This book was released on 1993 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt:

ESSENTIALS OF CANADIAN ABORIGINAL LAW.

Author : KERRY. WILKINS
Publisher :
ISBN 13 : 9780779886227
Total Pages : pages
Book Rating : 4.8/5 (862 download)

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Book Synopsis ESSENTIALS OF CANADIAN ABORIGINAL LAW. by : KERRY. WILKINS

Download or read book ESSENTIALS OF CANADIAN ABORIGINAL LAW. written by KERRY. WILKINS and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Law and Indigenous Peoples

Author : Joshua Castellino
Publisher : BRILL
ISBN 13 : 9047407326
Total Pages : 420 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis International Law and Indigenous Peoples by : Joshua Castellino

Download or read book International Law and Indigenous Peoples written by Joshua Castellino and published by BRILL. This book was released on 2005-03-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law's Indigenous Ethics

Author : John Borrows
Publisher : University of Toronto Press
ISBN 13 : 148753115X
Total Pages : 390 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Law's Indigenous Ethics by : John Borrows

Download or read book Law's Indigenous Ethics written by John Borrows and published by University of Toronto Press. This book was released on 2019-05-06 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.

Aboriginal Law

Author : Thomas Isaac
Publisher : Saskatoon : Purich Pub.
ISBN 13 : 9781895830231
Total Pages : 559 pages
Book Rating : 4.8/5 (32 download)

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Book Synopsis Aboriginal Law by : Thomas Isaac

Download or read book Aboriginal Law written by Thomas Isaac and published by Saskatoon : Purich Pub.. This book was released on 2004-01-01 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition contains more extensive commentary than earlier editions, and highlights the most important aspects of Canadian law affecting Aboriginal peoples. The author provides detailed information on and analysis of current law, referring to relevant court decisions, statutes, and land claims agreements, many of which are excerpted. All major Supreme Court of Canada decisions on Aboriginal rights in the last four decades are referred to and most are excerpted. The detailed index makes this book easy to use. This book is written and designed for use by anyone interested in Aboriginal legal issues. While national in scope, this book also canvasses the claims of First Nations peoples in BC, the unique situation of Maritime First Nations, land claim agreements in northern Canada, and the special place of the numbered treaties covering the Prairie provinces. Thomas Isaac is a nationally recognized authority in the area of Aboriginal law and the author of many books and articles, including two earlier editions of Aboriginal Law and Aboriginal and Treaty Rights in the Maritimes: The Marshall Decision and Beyond. He practices law with McCarthy Tetrault LLP in Vancouver.

The Quest for Justice

Author : Menno Boldt
Publisher : University of Toronto Press
ISBN 13 : 9780802065896
Total Pages : 424 pages
Book Rating : 4.0/5 (658 download)

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Book Synopsis The Quest for Justice by : Menno Boldt

Download or read book The Quest for Justice written by Menno Boldt and published by University of Toronto Press. This book was released on 1985-01-01 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: It contains some twenty-three papers from representatives of the aboriginal people's organizations, of governments, and of a variety of academic disciplines, along with introductions and an epilogue by the editors and appendices of the key constitutional documents from 1763.

Braiding Legal Orders

Author : John Borrows
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 1928096832
Total Pages : 256 pages
Book Rating : 4.9/5 (28 download)

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Book Synopsis Braiding Legal Orders by : John Borrows

Download or read book Braiding Legal Orders written by John Borrows and published by McGill-Queen's Press - MQUP. This book was released on 2023-08-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Implementation in Canada of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a pivotal opportunity to explore the relationship between international law, Indigenous peoples' own laws, and Canada's constitutional narratives. Two significant statements by the current Liberal government - the May 2016 address by Indigenous Affairs Minister Carolyn Bennett to the Permanent Forum on Indigenous Issues at the United Nations and the September 2017 address to the United Nations by Prime Minister Justin Trudeau - have endorsed UNDRIP and committed Canada to implementing it as “a way forward” on the path to genuine nation-to-nation relationships with Indigenous peoples. In response, these essays engage with the legal, historical, political, and practical aspects of UNDRIP implementation. Written by Indigenous legal scholars and policy leaders, and guided by the metaphor of braiding international, domestic, and Indigenous laws into a strong, unified whole composed of distinct parts, the book makes visible the possibilities for reconciliation from different angles and under different lenses.

White Man's Law

Author : Sidney L. Harring
Publisher : University of Toronto Press
ISBN 13 : 9780802005038
Total Pages : 482 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis White Man's Law by : Sidney L. Harring

Download or read book White Man's Law written by Sidney L. Harring and published by University of Toronto Press. This book was released on 1998-01-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this sweeping re-investigation of Canadian legal history, Harring shows that Canada has historically dispossessed Aboriginal peoples of even the most basic civil rights.

Indigenous Research Ethics

Author : Lily George
Publisher : Emerald Group Publishing
ISBN 13 : 1787693899
Total Pages : 364 pages
Book Rating : 4.7/5 (876 download)

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Book Synopsis Indigenous Research Ethics by : Lily George

Download or read book Indigenous Research Ethics written by Lily George and published by Emerald Group Publishing. This book was released on 2020-10-19 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: It’s important that research with indigenous peoples is ethically and methodologically relevant. This volume looks at challenges involved in this research and offers best practice guidelines to research communities, exploring how adherence to ethical research principles acknowledges and maintains the integrity of indigenous people and knowledge.