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Author : Peter Keith Kulchyski
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (134 download)
Download or read book Aboriginal Rights are Not Human Rights written by Peter Keith Kulchyski and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Peter Keith Kulchyski
Publisher : Arp Books
ISBN 13 : 9781894037761
Total Pages : 0 pages
Book Rating : 4.0/5 (377 download)
Download or read book Aboriginal Rights are Not Human Rights written by Peter Keith Kulchyski and published by Arp Books. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An historical overview of aboriginal and treaty rights in Canada with suggestions on ways to transform current policies to better support and invigorate indigenous culters.
Author : Brendan Tobin
Publisher : Routledge
ISBN 13 : 1317697537
Total Pages : 361 pages
Book Rating : 4.3/5 (176 download)
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.
Author : Joyce Audry Green
Publisher :
ISBN 13 : 9781552666838
Total Pages : 247 pages
Book Rating : 4.6/5 (668 download)
Download or read book Indivisible written by Joyce Audry Green and published by . This book was released on 2014 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a wealth of experience and blending critical theoretical frameworks and a close knowledge of domestic and international law on human rights, the authors in this collection show that settler states such as Canada persist in violating and failing to acknowledge Indigenous human rights.
Author : Jackie Hartley
Publisher : UBC Press
ISBN 13 : 1895830567
Total Pages : 290 pages
Book Rating : 4.8/5 (958 download)
Download or read book Realizing the UN Declaration on the Rights of Indigenous Peoples written by Jackie Hartley and published by UBC Press. This book was released on 2010-05-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopted by the UN General Assembly on 13 September 2007, the United Nations Declaration on the Rights of Indigenous Peoples affirms the “minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.” The Declaration responds to past and ongoing injustices suffered by Indigenous peoples worldwide, and provides a strong foundation for the full recognition of the inherent rights of Indigenous peoples. Despite this, Canada was one of the few countries to oppose the Declaration. With essays from Indigenous leaders, legal scholars and practitioners, state representatives, and representatives from NGOs, contributors discuss the creation of the Declaration and how it can be used to advance human rights internationally.
Author : S. James Anaya
Publisher : Oxford University Press, USA
ISBN 13 : 9780195173505
Total Pages : 414 pages
Book Rating : 4.1/5 (735 download)
Download or read book Indigenous Peoples in International Law written by S. James Anaya and published by Oxford University Press, USA. This book was released on 2004 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.
Author : Peter Kulchyski
Publisher : Univ. of Manitoba Press
ISBN 13 : 0887553354
Total Pages : 334 pages
Book Rating : 4.8/5 (875 download)
Download or read book Like the Sound of a Drum written by Peter Kulchyski and published by Univ. of Manitoba Press. This book was released on 2005 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part ethnography, part narrative, Like the Sound of a Drum is evocative, confrontational, and poetic. For many years, Peter Kulchyski has travelled to the north, where he has sat in on community meetings, interviewed elders and Aboriginal politicians, and participated in daily life. In Like the Sound of a Drum he looks as three northern communities -- Fort Simpson and Fort Good Hope in Denendeh and Pangnirtung in Nunavut -- and their strategies for maintaining their political and cultural independence. In the face of overwhelming odds, communities such as these have shown remarkable resources for creative resistance. In the process, they are changing the concept of democracy as it is practised in Canada.
Author : Jack Frawley
Publisher : Springer Nature
ISBN 13 : 9811553629
Total Pages : 365 pages
Book Rating : 4.8/5 (115 download)
Download or read book Cultural Competence and the Higher Education Sector written by Jack Frawley and published by Springer Nature. This book was released on 2020-06-09 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book explores cultural competence in the higher education sector from multi-disciplinary and inter-disciplinary perspectives. It addresses cultural competence in terms of leadership and the role of the higher education sector in cultural competence policy and practice. Drawing on lessons learned, current research and emerging evidence, the book examines various innovative approaches and strategies that incorporate Indigenous knowledge and practices into the development and implementation of cultural competence, and considers the most effective approaches for supporting cultural competence in the higher education sector. This book will appeal to researchers, scholars, policy-makers, practitioners and general readers interested in cultural competence policy and practice.
Author : David Lea
Publisher : BRILL
ISBN 13 : 9004166947
Total Pages : 307 pages
Book Rating : 4.0/5 (41 download)
Download or read book Property Rights, Indigenous People and the Developing World written by David Lea and published by BRILL. This book was released on 2008 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work offers an analysis of the Western formal system of private property and its moral justification and explains the relevance of the institution to particular current issues that face aboriginal peoples and the developing world. The subjects under study include broadly: aboriginal land claims; third world development; intellectual property rights and the relatively recent TRIPs agreement (Trade related Aspects of Intellectual Property Rights). Within these broad areas we highlight the following concerns: the maintenance of cultural integrity; group autonomy; economic benefit; access to health care; biodiversity; biopiracy and even the independence of the recently emerged third world nation states. Despite certain apparent advantages from embracing the Western institution of private ownership, the text explains that the Western institution of private property is undergoing a fundamental redefinition through the expansion.
Author : P. G. McHugh
Publisher : OUP Oxford
ISBN 13 : 0191018546
Total Pages : 378 pages
Book Rating : 4.1/5 (91 download)
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.
Author : Claire Charters
Publisher : International Work Group for Indigenous Affairs
ISBN 13 :
Total Pages : 404 pages
Book Rating : 4.F/5 ( download)
Download or read book Making the Declaration Work written by Claire Charters and published by International Work Group for Indigenous Affairs. This book was released on 2009 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United Nations Declaration on the Rights of Indigenous Peoples is a culmination of a centuries-long struggle by indigenous peoples for justice. It is an important new addition to UN human rights instruments in that it promotes equality for the world's indigenous peoples and recognizes their collective rights."--Back cover.
Author : Elvira Pulitano
Publisher : Cambridge University Press
ISBN 13 : 1107022444
Total Pages : 369 pages
Book Rating : 4.1/5 (7 download)
Download or read book Indigenous Rights in the Age of the UN Declaration written by Elvira Pulitano and published by Cambridge University Press. This book was released on 2012-05-24 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elvira Pulitano examines the relevance of international law in advancing indigenous peoples' struggles for self-determination and cultural flourishing.
Author : Shin Imai
Publisher : Scarborough, Ont. : Carswell
ISBN 13 : 9780459557775
Total Pages : 329 pages
Book Rating : 4.5/5 (577 download)
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:
Author : Sarah Elizabeth Holcombe
Publisher :
ISBN 13 : 9781503605107
Total Pages : 364 pages
Book Rating : 4.6/5 (51 download)
Download or read book Remote Freedoms written by Sarah Elizabeth Holcombe and published by . This book was released on 2018 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction : indigenous rights as human rights in central Australia -- The act of translation : emancipatory potential and apocryphal revelations -- Engendering social and cultural rights -- "Stop whinging and get on with it" : the shifting contours of gender equality (and equity) -- "Women go to the clinic and men go to jail" : the gendered indigenised subject of legal rights -- Therapy culture and the intentional subject -- Civil and political rights : is there space for an Aboriginal politics? -- International human rights forums and (east coast) indigenous activism
Author : Dominic O’Sullivan
Publisher : ANU Press
ISBN 13 : 1760463957
Total Pages : 270 pages
Book Rating : 4.7/5 (64 download)
Download or read book ‘We Are All Here to Stay’ written by Dominic O’Sullivan and published by ANU Press. This book was released on 2020-09-21 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Dominic O'Sullivan
Publisher : Policy Press
ISBN 13 : 1447339428
Total Pages : 216 pages
Book Rating : 4.4/5 (473 download)
Download or read book Indigeneity: A Politics of Potential written by Dominic O'Sullivan and published by Policy Press. This book was released on 2017-06-07 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first comprehensive use of political theory to explain indigenous politics, assessing the ways in which indigenous and liberal political theories interact in order to consider the practical policy implications of the indigenous right to self-determination. Dominic O'Sullivan here reveals indigeneity's concern for political relationships, agendas, and ideas beyond ethnic minorities' basic claim to liberal recognition, and he draws out the ways that indigeneity's local geopolitical focus, underpinned by global developments in law and political theory, can make it a movement of forward-looking, transformational politics.
Author : Laura Westra
Publisher : Routledge
ISBN 13 : 1136566864
Total Pages : 366 pages
Book Rating : 4.1/5 (365 download)
Download or read book Environmental Justice and the Rights of Indigenous Peoples written by Laura Westra and published by Routledge. This book was released on 2012-05-16 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than 300 million people in over 70 countries make up the worlds indigenous populations. Yet despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law. In this incisive book, Laura Westra deftly reveals the lethal effects that damage to ecological integrity can have on communities. Using examples in national and international case law, she demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenceless, time and again, in the face of governments and businesses who have little effective incentive to consult with them (let alone gain their consent) in going ahead with relocations, mining plans and more. The historical background and current legal instruments are discussed and, through examples from the Americas, Africa, Oceania and the special case of the Arctic, a picture emerges of how things must change if indigenous communities are to survive. It is a warning to us all from the example of those who live most closely in tune with nature and are the first to feel the impact when environmental damage goes unchecked.
