Aboriginal Title and Indigenous Peoples

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Publisher : UBC Press
ISBN 13 : 0774859296
Total Pages : 280 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Aboriginal Title and Indigenous Peoples by : Louis A. Knafla

Download or read book Aboriginal Title and Indigenous Peoples written by Louis A. Knafla and published by UBC Press. This book was released on 2011-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.

Coming to Terms

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Publisher : Wakefield Press
ISBN 13 : 1862548676
Total Pages : 594 pages
Book Rating : 4.8/5 (625 download)

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Book Synopsis Coming to Terms by : Shaun Berg

Download or read book Coming to Terms written by Shaun Berg and published by Wakefield Press. This book was released on 2010 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coming to Terms challenges conventional thinking about Aboriginal title in South Australia. It does so by examining the legal consequences of provisions in the State's founding documents that reserve or protect Aboriginal rights to land.

Recognising Aboriginal Title

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Publisher :
ISBN 13 :
Total Pages : 492 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Recognising Aboriginal Title by : Peter H. Russell

Download or read book Recognising Aboriginal Title written by Peter H. Russell and published by . This book was released on 2006 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of indigenous peoples to overcome colonized status. --book jacket.

Let Right Be Done

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Publisher : UBC Press
ISBN 13 : 0774840110
Total Pages : 353 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Let Right Be Done by : Hamar Foster

Download or read book Let Right Be Done written by Hamar Foster and published by UBC Press. This book was released on 2011-11-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1973 the Supreme Court of Canada issued a landmark decision in the Calder case, confirming that Aboriginal title constituted a right within Canadian law. Let Right Be Done examines the doctrine of Aboriginal title thirty years later and puts the Calder case in its legal, historical, and political context, both nationally and internationally. With its innovative blend of scholarly analysis and input from many of those intimately involved in the case, this book should be essential reading for anyone interested in Aboriginal law, treaty negotiations, and the history of the "BC Indian land question."

Indigenous Peoples' Rights in Australia, Canada, & New Zealand

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Author :
Publisher : Auckland, New Zealand : Oxford University Press
ISBN 13 :
Total Pages : 544 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Indigenous Peoples' Rights in Australia, Canada, & New Zealand by : Paul Havemann

Download or read book Indigenous Peoples' Rights in Australia, Canada, & New Zealand written by Paul Havemann and published by Auckland, New Zealand : Oxford University Press. This book was released on 1999 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous Peoples' Rights in Australia, Canada and New Zealand aims to provide a contemporary and contextual survey and analysis of the legal and political interaction between the `British settler' states of Australia, Canada and New Zealand, and the indigenous First Nation peoples they dispossessed.

Honour Among Nations?

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Publisher : Academic Monographs
ISBN 13 : 0522851061
Total Pages : 370 pages
Book Rating : 4.5/5 (228 download)

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Book Synopsis Honour Among Nations? by : Marcia Langton

Download or read book Honour Among Nations? written by Marcia Langton and published by Academic Monographs. This book was released on 2004 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important collection emerges from the growing academic and public policy interest in the area of Indigenous peoples, treaties and agreements andndash; challenging readers to engage with the idea of treaty and agreement making in changing political and legal landscapes. Honour Among Nations? contains contributions from both Indigenous and non-Indigenous authors from Australia, New Zealand and North America including Marcia Langton, Gillian Triggs, Joe Williams, Paul Chartrand and Noel Pearson. It features a preface by Sir Anthony Mason. This book covers topics as diverse as treaty and agreement making in Australia, New Zealand and British Columbia; land, the law, political rights and Indigenous peoples; maritime agreements; health; governance and jurisdiction; race discrimination in Australia; the Timor Sea Treaty; copyright and intellectual property issues for Aboriginal and Torres Strait Islander authors. Honour Among Nations? makes a significant contribution to international debates on Indigenous peoples' rights, treaties and agreement making.

The Trouble with Tradition

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Publisher : Federation Press
ISBN 13 : 9781862876477
Total Pages : 534 pages
Book Rating : 4.8/5 (764 download)

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Book Synopsis The Trouble with Tradition by : Simon Young

Download or read book The Trouble with Tradition written by Simon Young and published by Federation Press. This book was released on 2008 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a broad and detailed examination of the native title jurisprudence in the US, Canada, New Zealand and Australia, with a specific focus on the handling of Indigenous community changes in each country's case law.

The Social Effects of Native Title

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Publisher : ANU E Press
ISBN 13 : 1921313528
Total Pages : 238 pages
Book Rating : 4.9/5 (213 download)

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Book Synopsis The Social Effects of Native Title by : Benjamin Richard Smith

Download or read book The Social Effects of Native Title written by Benjamin Richard Smith and published by ANU E Press. This book was released on 2007-10-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The papers in this collection reflect on the various social effects of native title. In particular, the authors consider the ways in which the implementation of the Native Title Act 1993 (Cwlth), and the native title process for which this Act legislates, allow for the recognition and translation of Aboriginal law and custom, and facilitate particular kinds of coexistence between Aboriginal title holders and other Australians. In so doing, the authors seek to extend the debate on native title beyond questions of practice and towards an improved understanding of the effects of native title on the social lives of Indigenous Australians and on Australian society more generally"--Publisher's description.

Country, Native Title and Ecology

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Publisher : ANU E Press
ISBN 13 : 1921862564
Total Pages : 188 pages
Book Rating : 4.9/5 (218 download)

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Book Synopsis Country, Native Title and Ecology by : Jessica K. Weir

Download or read book Country, Native Title and Ecology written by Jessica K. Weir and published by ANU E Press. This book was released on 2012-03-01 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Country, native title and ecology all converge in this volume to describe the dynamic intercultural context of land and water management on Indigenous lands. Indigenous people’s relationships with country are discussed from various speaking positions, including identity and knowledge, the homelands debate, water planning, climate change and market environmentalism. The inter-disciplinary chapters range from an ethnographic description of living waters in the Great Sandy Desert, negotiating the eradication of yellow crazy ants in Arnhem Land, and legal analysis of native title rights in emerging carbon markets. A recurrent theme is the contentions over meaning, knowledge, and authority. “Because this volume is scholarly, original and very timely it represents a key resource and reference work for land and sea managers; policy makers; scholars of the interface between post-native title responsibilities, NRM objectives and appropriate heritage protocols; and students based in the social sciences, natural sciences and humanities. It is rare for volumes to have this much cross-academy purchase and for this reason alone – it will have ongoing worth and value as a seminal collection.” – Associate Professor Peter Veth, ANU College of Arts and Social Sciences, The Australian National University. Dr Jessica Weir has published widely on water, native title and governance, and is the author of Murray River Country: An Ecological Dialogue with Traditional Owners (Aboriginal Studies Press, 2009). Jessica’s work was recently included in Stephen Pincock’s Best Australian Science Writing 2011. In 2011 Jessica established the AIATSIS Centre for Land and Water Research, in the Indigenous Country and Governance Research Program at the Australian Institute of Aboriginal and Torres Strait Islander Studies. For more information on Aboriginal History Inc. please visit aboriginalhistory.org.au.

Fragile Settlements

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Publisher : UBC Press
ISBN 13 : 0774830913
Total Pages : 336 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Fragile Settlements by : Amanda Nettelbeck

Download or read book Fragile Settlements written by Amanda Nettelbeck and published by UBC Press. This book was released on 2016-03-20 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fragile Settlements compares the processes by which British colonial authority was asserted over Indigenous peoples in south-west Australia and Prairie Canada from the 1830s to the early twentieth century. At the start of this period, in a humanitarian response to settlers’ increased demand for land, Britain’s Colonial Office moved to protect Indigenous peoples by making them subjects under British law. This book highlights the parallels and divergences between these connected British frontiers by examining how colonial actors and institutions interpreted and applied the principle of law in their interaction with Indigenous peoples “on the ground.”

Indigenous Peoples' Land Rights under International Law

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Publisher : BRILL
ISBN 13 : 9047431308
Total Pages : 352 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Indigenous Peoples' Land Rights under International Law by : Jérémie Gilbert

Download or read book Indigenous Peoples' Land Rights under International Law written by Jérémie Gilbert and published by BRILL. This book was released on 2007-03-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories.

Aboriginal Title

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Publisher : OUP Oxford
ISBN 13 : 0191029777
Total Pages : 378 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Aboriginal Title by : P. G. McHugh

Download or read book Aboriginal Title written by P. G. McHugh and published by OUP Oxford. This book was released on 2011-08-18 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.

Aboriginal Rights Claims and the Making and Remaking of History

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Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773599118
Total Pages : 361 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Aboriginal Rights Claims and the Making and Remaking of History by : Arthur J. Ray

Download or read book Aboriginal Rights Claims and the Making and Remaking of History written by Arthur J. Ray and published by McGill-Queen's Press - MQUP. This book was released on 2016-06-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forums such as commissions, courtroom trials, and tribunals that have been established through the second half of the twentieth century to address aboriginal land claims have consequently created a particular way of presenting aboriginal, colonial, and national histories. The history that emerges from these land-claims processes is often criticized for being “presentist” – inaccurately interpreting historical actions and actors through the lens of present-day values, practices, and concerns. In Aboriginal Rights Claims and the Making and Remaking of History, Arthur Ray examines how claims-oriented research is often fitted to the existing frames of indigenous rights law and claims legislation and, as a result, has influenced the development of these laws and legislation. Through a comparative study encompassing the United States, Canada, South Africa, Australia and New Zealand, Ray also explores the ways in which various procedures and settings for claims adjudication have influenced and changed the use of historical evidence, made space for indigenous voices, stimulated scholarly debates about the cultural and historical experiences of indigenous peoples at the time of initial European contact and afterward, and have provoked reactions from politicians and scholars. While giving serious consideration to the flaws and strengths of presentist histories, Aboriginal Rights Claims and the Making and Remaking of History provides communities with essential information on how history is used and how methods are adapted and changed.

Aboriginal Peoples and Forest Lands in Canada

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Publisher : UBC Press
ISBN 13 : 0774823364
Total Pages : 364 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Aboriginal Peoples and Forest Lands in Canada by : D.B. Tindall

Download or read book Aboriginal Peoples and Forest Lands in Canada written by D.B. Tindall and published by UBC Press. This book was released on 2013-02-11 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal people in Canada have long struggled to regain control over their traditional forest lands. Aboriginal Peoples and Forest Lands in Canada brings together the diverse perspectives of Aboriginals and non-Aboriginals to address the political, cultural, environmental, and economic implications of forest use. This book discusses the need for professionals working in forestry and conservation to understand the context of Aboriginal participation in resource management. It also addresses the importance of researching traditional knowledge and traditional land use and examines the development of co-management initiatives and joint ventures between government, forestry companies, and Aboriginal communities.

To Share, Not Surrender

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Publisher : UBC Press
ISBN 13 : 0774863854
Total Pages : 369 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis To Share, Not Surrender by : Peter Cook

Download or read book To Share, Not Surrender written by Peter Cook and published by UBC Press. This book was released on 2021-12-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: To Share, Not Surrender offers an entirely new approach to assessing Indigenous-settler conflict over land, opening scholarship to the public and augmenting it with First Nations community expertise. Informed by cel’aṉ’en – “our culture, the way of our people” – this multivocal work of essays traces the transition from treaty-making in the colony of Vancouver Island to reserve formation in the colony of British Columbia. The collection also publishes translations/interpretations of the treaties into the SENĆOŦEN and Lekwungen languages. An all-embracing exploration of the struggle over land, To Share, Not Surrender advances the urgent task of reconciliation in Canada.

Aboriginal Peoples and the Law

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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.

Creating Indigenous Property

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Publisher : University of Toronto Press
ISBN 13 : 1487523823
Total Pages : 385 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Creating Indigenous Property by : Angela Cameron

Download or read book Creating Indigenous Property written by Angela Cameron and published by University of Toronto Press. This book was released on 2020 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In Canada, there is an increased push toward the privatization of Indigenous lands, a problematic development given how central land is to Indigenous societies, cultures, and legal systems. Further complicating this situation is the unique position of Indigenous peoples and the blurred line between private and public law when it comes to analyzing land claims. Furthermore, what is private and what is public is not a clear distinction within Indigenous law, an issue scholars and practitioners are wrestling with more and more. The question that runs through many of the debates around this issue is whether the move towards privatization is a manifestation of the negative forces of capitalism at work or an economic engine the Indigenous peoples can take advantage of to rectify the systemic effects of colonization."--