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Author : Brian A. Crane
Publisher : Markham, Ont. : LexisNexis Butterworths
ISBN 13 :
Total Pages : 810 pages
Book Rating : 4.F/5 ( download)
Download or read book First Nations Governance Law written by Brian A. Crane and published by Markham, Ont. : LexisNexis Butterworths. This book was released on 2006 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Irene Bellier
Publisher : Routledge
ISBN 13 : 1317371496
Total Pages : 295 pages
Book Rating : 4.3/5 (173 download)
Download or read book Scales of Governance and Indigenous Peoples' Rights written by Irene Bellier and published by Routledge. This book was released on 2019-10-08 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an interdisciplinary approach to the complicated power relations surrounding the recognition and implementation of Indigenous Peoples’ rights at multiple scales. The adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007 was heralded as the beginning of a new era for Indigenous Peoples’ participation in global governance bodies, as well as for the realization of their rights – in particular, the right to self-determination. These rights are defined and agreed upon internationally, but must be enacted at regional, national, and local scales. Can the global movement to promote Indigenous Peoples’ rights change the experience of communities at the local level? Or are the concepts that it mobilizes, around rights and political tools, essentially a discourse circulating internationally, relatively disconnected from practical situations? Are the categories and processes associated with Indigenous Peoples simply an extension of colonial categories and processes, or do they challenge existing norms and structures? This collection draws together the works of anthropologists, political scientists, and legal scholars to address such questions. Examining the legal, historical, political, economic, and cultural dimensions of the Indigenous Peoples' rights movement, at global, regional, national, and local levels, the chapters present a series of case studies that reveal the complex power relations that inform the ongoing struggles of Indigenous Peoples to secure their human rights. The book will be of interest to social scientists and legal scholars studying Indigenous Peoples’ rights, and international human rights movements in general.
Author : John Borrows
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 1928096832
Total Pages : 256 pages
Book Rating : 4.9/5 (28 download)
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.
Author : Law Commission of Canada
Publisher : UBC Press
ISBN 13 : 0774855770
Total Pages : 189 pages
Book Rating : 4.7/5 (748 download)
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.
Author : William Nikolakis
Publisher : University of Arizona Press
ISBN 13 : 0816540543
Total Pages : 353 pages
Book Rating : 4.8/5 (165 download)
Download or read book Reclaiming Indigenous Governance written by William Nikolakis and published by University of Arizona Press. This book was released on 2019-10-22 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reclaiming Indigenous Governance examines the efforts of Indigenous peoples in four important countries to reclaim their right to self-govern. Showcasing Native nations, this timely book presents diverse perspectives of both practitioners and researchers involved in Indigenous governance in Canada, Australia, New Zealand, and the United States (the CANZUS states). Indigenous governance is dynamic, an ongoing relationship between Indigenous peoples and settler-states. The relationship may be vigorously contested, but it is often fragile—one that ebbs and flows, where hard-won gains can be swiftly lost by the policy reversals of central governments. The legacy of colonial relationships continues to limit advances in self-government. Yet Indigenous peoples in the CANZUS countries are no strangers to setbacks, and their growing movement provides ample evidence of resilience, resourcefulness, and determination to take back control of their own destiny. Demonstrating the struggles and achievements of Indigenous peoples, the chapter authors draw on the wisdom of Indigenous leaders and others involved in rebuilding institutions for governance, strategic issues, and managing lands and resources. This volume brings together the experiences, reflections, and insights of practitioners confronting the challenges of governing, as well as researchers seeking to learn what Indigenous governing involves in these contexts. Three things emerge: the enormity of the Indigenous governance task, the creative agency of Indigenous peoples determined to pursue their own objectives, and the diverse paths they choose to reach their goal.
Author : John Studley
Publisher : Routledge
ISBN 13 : 0429849796
Total Pages : 141 pages
Book Rating : 4.4/5 (298 download)
Download or read book Indigenous Sacred Natural Sites and Spiritual Governance written by John Studley and published by Routledge. This book was released on 2018-10-26 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since time immemorial indigenous people have engaged in legal relationships with other-than-human-persons. These relationships are exemplified in enspirited sacred natural sites, which are owned and governed by numina spirits that can potentially place legal demands on humankind in return for protection and blessing. Although conservationists recognise the biodiverse significance of most sacred natural sites, the role of spiritual agency by other-than-human-persons is not well understood. Consequently, sacred natural sites typically lack legal status and IUCN-designated protection. More recent ecocentric and posthuman worldviews and polycentric legal frameworks have allowed courts and legislatures to grant 'rights' to nature and 'juristic personhood' and standing to biophysical entities. This book examines the indigenous literature and recent legal cases as a pretext for granting juristic personhood to enspirited sacred natural sites. The author draws on two decades of his research among Tibetans in Kham (southwest China), to provide a detailed case study. It is argued that juristic personhood is contingent upon the presence and agency of a resident numina and that recognition should be given to their role in spiritual governance over their jurisdiction. The book concludes by recommending that advocacy organisations help indigenous people with test cases to secure standing for threatened sacred natural sites (SNS) and calls upon IUCN, UNESCO (MAB and WHS), ASEAN Heritage and EuroNatura to retrospectively re-designate their properties, reserves, parks and initiatives so that SNS and spiritual governance are fully recognised and embraced. It will be of great interest to advanced students and researchers in environmental law, nature conservation, religion and anthropology.
Author : John Borrows
Publisher : University of Toronto Press
ISBN 13 : 1487516754
Total Pages : 477 pages
Book Rating : 4.4/5 (875 download)
Download or read book Recovering Canada written by John Borrows and published by University of Toronto Press. This book was released on 2017-06-22 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.
Author : Antonietta Di Blase
Publisher : Roma TrE-Press
ISBN 13 : 8832136929
Total Pages : 331 pages
Book Rating : 4.8/5 (321 download)
Download or read book The Inherent Rights of Indigenous Peoples in International Law written by Antonietta Di Blase and published by Roma TrE-Press. This book was released on 2020-02-24 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. DOI: 10.13134/978-88-32136-92-0
Author : Darwin Hanna
Publisher :
ISBN 13 : 9780433491262
Total Pages : pages
Book Rating : 4.4/5 (912 download)
Download or read book Legal Issues on Indigenous Economic Development written by Darwin Hanna and published by . This book was released on 2017-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Monica Tennberg
Publisher : Routledge
ISBN 13 : 1000506975
Total Pages : 223 pages
Book Rating : 4.0/5 (5 download)
Download or read book Indigenous Peoples, Natural Resources and Governance written by Monica Tennberg and published by Routledge. This book was released on 2021-12-23 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers multidisciplinary perspectives on the changing relationships between states, indigenous peoples and industries in the Arctic and beyond. It offers insights from Nordic countries, Canada, Australia, New Zealand and Russia to present different systems of resource governance and practices of managing industry-indigenous peoples’ relations in the mining industry, renewable resource development and aquaculture. Chapters cover growing international interest on Arctic natural resources, globalization of extractive industries and increasing land use conflicts. It considers issues such as equity, use of knowledge, development of company practices, conflict-solving measures and the role of indigenous institutions. Focus on Indigenous peoples and Governance triangle Multidisciplinary: political science, legal studies, sociology, administrative studies, Indigenous studies Global approach: Nordic countries, Canada, Russia, Australia, New Zealand and Canada Thorough case studies, rich material and analysis The book will be of great interest to legal scholars, political scientists, experts in administrative sciences, authorities at different levels (local, regional and nations), experts in human rights and natural resources governance, experts in corporate social governance.
Author : John Ayotunde Isola Bewaji
Publisher : Lexington Books
ISBN 13 : 1498518389
Total Pages : 290 pages
Book Rating : 4.4/5 (985 download)
Download or read book The Rule of Law and Governance in Indigenous Yoruba Society written by John Ayotunde Isola Bewaji and published by Lexington Books. This book was released on 2016-08-22 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Rule of Law and Governance in Indigenous Yoruba Society, John Ayotunde Isola Bewaji has two main goals. The first is to provide an exploration of aspects of indigenous Yoruba philosophy of law. The second is to relate this philosophy of law to the Yoruba indigenous traditions of governance, with a view to appreciating the relevance of the Yoruba traditions of law and governance to contemporary African experiments with imported Western democracy in the 21st century. This book is devoted to what can be described as a juridical forensic investigation of Nigeria’s predicament of developmental deficit, leading to gross and unconscionable impoverishment of large segments of the population, in the midst of so much natural resources and abundant human capital, using Yoruba indigenous legal traditions as reflective template. Bewaji urges that Africa has to take seriously the necessity of obedience, observance, enforcement and operation of law as no respecter of persons, groups, affiliations and pedigrees as was in the case in the societies founded by our ancestors, rather than the present scenario whereby the highest bidder procures semblances of justice from a crooked system of common law which was never designed to be fair, equitable and just to the disadvantaged in society.
Author : Judith F. Sayers
Publisher :
ISBN 13 : 9780662311409
Total Pages : 180 pages
Book Rating : 4.3/5 (114 download)
Download or read book First Nations Women, Governance and the Indian Act written by Judith F. Sayers and published by . This book was released on 2001 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first paper in this compilation is a review of the literature on First Nations women and self-government. It covers the following subject areas: traditional roles of First Nations women, the impact of colonization on those women, male leadership, contemporary First Nations women & sexual equality, and contemporary First Nations women & self-government. It also provides some legislative options, draft policies, recommendations, and general discussion of good governance from a First Nations women's perspective. The second paper addresses two questions: can & should the Indian Act be amended to provide for more equitable governing powers between First Nations women & men, and if amendments are desired, how can new regulations & policy improve the political participation of First Nations women. The questions are approached by investigating the responses of Lake Babine First Nation women to such questions and comparing this information with published analyses of women and First Nations governance. The final paper examines the history & rationale for the section 67 exemption of Indian Act matters from the Canadian Human Rights Act in the context of First Nations women's equality interests in governance. It reviews barriers to full realization of First Nations women's equality rights, particularly issues relating to Indian status & the band membership entitlement system, and decision-making by Indian Act band councils that reflects the arbitrary legal distinctions made in the Act.
Author : Lily George
Publisher : Emerald Group Publishing
ISBN 13 : 1787693899
Total Pages : 364 pages
Book Rating : 4.7/5 (876 download)
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.
Author : Tahu Kukutai
Publisher : ANU Press
ISBN 13 : 1760460311
Total Pages : 344 pages
Book Rating : 4.7/5 (64 download)
Download or read book Indigenous Data Sovereignty written by Tahu Kukutai and published by ANU Press. This book was released on 2016-11-14 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Author : Angela Cameron
Publisher : University of Toronto Press
ISBN 13 : 148753213X
Total Pages : 385 pages
Book Rating : 4.4/5 (875 download)
Download or read book Creating Indigenous Property written by Angela Cameron and published by University of Toronto Press. This book was released on 2020-11-03 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.
Author : Miriam Jorgensen
Publisher : University of Arizona Press
ISBN 13 : 9780816524211
Total Pages : 392 pages
Book Rating : 4.5/5 (242 download)
Download or read book Rebuilding Native Nations written by Miriam Jorgensen and published by University of Arizona Press. This book was released on 2007-12-13 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revolution is underway among the Indigenous nations of North America. It is a quiet revolution, largely unnoticed in society at large. But it is profoundly important. From High Plains states and Prairie Provinces to southwestern deserts, from Mississippi and Oklahoma to the northwest coast of the continent, Native peoples are reclaiming their right to govern themselves and to shape their future in their own ways. Challenging more than a century of colonial controls, they are addressing severe social problems, building sustainable economies, and reinvigorating Indigenous cultures. In effect, they are rebuilding their nations according to their own diverse and often innovative designs. Produced by the Native Nations Institute for Leadership, Management, and Policy at the University of Arizona and the Harvard Project on American Indian Economic Development, this book traces the contours of that revolution as Native nations turn the dream of self-determination into a practical reality. Part report, part analysis, part how-to manual for Native leaders, it discusses strategies for governance and community and economic development being employed by American Indian nations and First Nations in Canada as they move to assert greater control over their own affairs. Rebuilding Native Nations provides guidelines for creating new governance structures, rewriting constitutions, building justice systems, launching nation-owned enterprises, encouraging citizen entrepreneurs, developing new relationships with non-Native governments, and confronting the crippling legacies of colonialism. For nations that wish to join that revolution or for those who simply want to understand the transformation now underway across Indigenous North America, this book is a critical resource. CONTENTS Foreword by Oren Lyons Editor's Introduction Part 1 Starting Points 1. Two Approaches to the Development of Native Nations: One Works, the Other Doesn't Stephen Cornell and Joseph P. Kalt 2. Development, Governance, Culture: What Are They and What Do They Have to Do with Rebuilding Native Nations? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Joseph P. Kalt Part 2 Rebuilding the Foundations 3. Remaking the Tools of Governance: Colonial Legacies, Indigenous Solutions Stephen Cornell 4. The Role of Constitutions in Native Nation Building: Laying a Firm Foundation Joseph P. Kalt 5 . Native Nation Courts: Key Players in Nation Rebuilding Joseph Thomas Flies-Away, Carrie Garrow, and Miriam Jorgensen 6. Getting Things Done for the Nation: The Challenge of Tribal Administration Stephen Cornell and Miriam Jorgensen Part 3 Reconceiving Key Functions 7. Managing the Boundary between Business and Politics: Strategies for Improving the Chances for Success in Tribally Owned Enterprises Kenneth Grant and Jonathan Taylor 8. Citizen Entrepreneurship: An Underutilized Development Resource Stephen Cornell, Miriam Jorgensen, Ian Wilson Record, and Joan Timeche 9. Governmental Services and Programs: Meeting Citizens' Needs Alyce S. Adams, Andrew J. Lee, and Michael Lipsky 10. Intergovernmental Relationships: Expressions of Tribal Sovereignty Sarah L. Hicks Part 4 Making It Happen 11. Rebuilding Native Nations: What Do Leaders Do? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Nathan Pryor 12. Seizing the Future: Why Some Native Nations Do and Others Don't Stephen Cornell, Miriam Jorgensen, Joseph P. Kalt, and Katherine Spilde Contreras Afterword by Satsan (Herb George) References About the Contributors Index
Author : Nicole J. Wilson
Publisher : MDPI
ISBN 13 : 3039215604
Total Pages : 334 pages
Book Rating : 4.0/5 (392 download)
Download or read book Water Governance: Retheorizing Politics written by Nicole J. Wilson and published by MDPI. This book was released on 2019-10-11 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This republished Special Issue highlights recent and emergent concepts and approaches to water governance that re-centers the political in relation to water-related decision making, use, and management. To do so at once is to focus on diverse ontologies, meanings and values of water, and related contestations regarding its use, or its importance for livelihoods, identity, or place-making. Building on insights from science and technology studies, feminist, and postcolonial approaches, we engage broadly with the ways that water-related decision making is often depoliticized and evacuated of political content or meaning—and to what effect. Key themes that emerged from the contributions include the politics of water infrastructure and insecurity; participatory politics and multi-scalar governance dynamics; politics related to emergent technologies of water (bottled or packaged water, and water desalination); and Indigenous water governance.
