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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 : S. James Anaya
Publisher :
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 . 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 : 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 : Fiona Skyring
Publisher : UWA Publishing
ISBN 13 : 9781921401633
Total Pages : 468 pages
Book Rating : 4.4/5 (16 download)
Download or read book Justice written by Fiona Skyring and published by UWA Publishing. This book was released on 2011 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: A lively and multi-dimensional insight into Australian history, Justice: A history of the Aboriginal Legal Service of Western Australia reveals the human face of some of the nation's major social, political and legal reforms of the past four decades. The Aboriginal Legal Service began by defending Aboriginal people's right to equality before the law, and its defence of Aboriginal people's human rights has taken this story beyond the criminal justice system.
Author : Darryl Cronin
Publisher : Rowman & Littlefield
ISBN 13 : 1786611465
Total Pages : 281 pages
Book Rating : 4.7/5 (866 download)
Download or read book Trapped by History written by Darryl Cronin and published by Rowman & Littlefield. This book was released on 2021-04-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Australian nation has reached an impasse in Indigenous policy and practice and fresh strategies and perspectives are required. Trapped by History highlights a fundamental issue that the Australian nation must confront to develop a genuine relationship with Indigenous Australians. The existing relationship between Indigenous people and the Australian state was constructed on the myth of an empty land – terra nullius. Interactions with Indigenous people have been constrained by eighteenth-century assumptions and beliefs that Indigenous people did not have organised societies, had neither land ownership nor a recognisable form of sovereignty, and that they were ‘savage’ but could be ‘civilized’ through the erasure of their culture. These incorrect assumptions and beliefs are the foundation of the legal, constitutional and political treatment of Indigenous Australians over the course of the country’s history. They remain ingrained in governmental institutions, Indigenous policy making, judicial decision making and contemporary public attitudes about Indigenous people. Trapped by History shines new light upon historical and contemporary examples where Indigenous people have attempted to engage and dialogue with state and federal governments. These governments have responded by trying to suppress and discredit Indigenous rights, culture and identities and impose assimilationist policies. In doing so they have rejected or ignored Indigenous attempts at dialogue and partnership. Other settler countries such as New Zealand, Canada and the United States of America have all negotiated treaties with Indigenous people and have developed constitutional ways of engaging cross culturally. In Australia, the limited recognition that Indigenous people have achieved to date shows that the state is unable to resolve long standing issues with Indigenous people. Movement beyond the current colonial relationship with Indigenous Australians requires a genuine dialogue to not only examine the legal and intellectual framework that constrains Indigenous recognition but to create new foundations for a renewed relationship based on intercultural negotiation, mutual respect, sharing and mutual responsibility. This must involve building a shared understanding around addressing past injustices and creating a shared vision for how Indigenous people and other Australians will associate politically in the future.
Author : Holly Doel-Mackaway
Publisher : Routledge
ISBN 13 : 9781315123912
Total Pages : 278 pages
Book Rating : 4.1/5 (239 download)
Download or read book Indigenous Children's Right to Participate in Law and Policy Development written by Holly Doel-Mackaway and published by Routledge. This book was released on 2021 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book presents a model for reforming and developing Indigenous related legislation and policy, not only in Australia, but also in other jurisdictions. The model provides guidance about how to seek, listen to and respond to the voices of Indigenous children and young people. The participation of Indigenous children and young people, when carried out in a culturally and age-appropriate way and based on free, prior and informed consent, is an invaluable resource capable of empowering children and young people and informing Indigenous related legislation and policy. This project contributes to the emerging field of robust, ethically sound, participatory research with Indigenous children and young people and proposes ways in which Australian and international legislators and policy makers can implement the principle of children's participation by involving Aboriginal children and young people in the development of law and policy pertaining to their lives. This book provides accounts from Aboriginal children and young people detailing their views on how they can be involved in law and policy development in the future. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, legislators, and students in the fields of human rights law, children's rights, participation rights, Indigenous peoples law, and family, child and social welfare law"--
Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
ISBN 13 : 0197516742
Total Pages : 1133 pages
Book Rating : 4.1/5 (975 download)
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Author : Australia. Law Reform Commission
Publisher : Australian Government Publishing Service
ISBN 13 :
Total Pages : 556 pages
Book Rating : 4.:/5 (6 download)
Download or read book The Recognition of Aboriginal Customary Laws written by Australia. Law Reform Commission and published by Australian Government Publishing Service. This book was released on 1986 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed examination of the scope for recognition of customary laws through existing common law rules; human rights and problems of relativity of standards; contact experience; constitutional aspects; marriage and family structures; recognition of traditional marriage; protection and distribution of property; child custody, fostering and adoption; the criminal justice system; customary law offences; police investigation and interrogation; issues of evidence and procedure including unsworn statements, juries and interpreters; proof of customary law including scope of expert evidence; taking of evidence including group evidence, secrecy and privileged communications; customary methods of dispute settlement; special Aboriginal courts and justice schemes; relations with police; traditional hunting, fishing and gathering practices; relevant case law and legislation considered throughout.
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 : Hannah McGlade
Publisher : Aboriginal Studies Press
ISBN 13 : 1922059102
Total Pages : 305 pages
Book Rating : 4.9/5 (22 download)
Download or read book Our Greatest Challenge written by Hannah McGlade and published by Aboriginal Studies Press. This book was released on 2012 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hannah McGlade's book bravely addresses the complex and fraught issue of Aboriginal child abuse. She argues that Aboriginal child sexual assault has been formed within the entrenched societal forces of racism, colonisation and patriarchy, yet cast in the Australian public domain as an Aboriginal 'problem', with controversial government responses critiqued as racist and paternalistic. McGlade highlights that non-Aboriginal society has yet to acknowledge the traumatic impacts of the sexual assault on Aboriginal children which was part and parcel of the European project of 'civilisation'. She provides detailed analysis of the legal systems response. While child sexual assault is a criminal offence, the Aboriginal experience of the law is tainted. Despite reforms to the law, the courtroom experience is based on re-victimisation and trauma which prevents the fundamental principle of equality before the law. McGlade believes that we should be guided by Indigenous human rights concepts and international Indigenous responses in addressing the problem. In doing so she believes that we can help to stem the harm to future generations.
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 : Marianne O. Nielsen
Publisher : University of Arizona Press
ISBN 13 : 0816540411
Total Pages : 225 pages
Book Rating : 4.8/5 (165 download)
Download or read book Traditional, National, and International Law and Indigenous Communities written by Marianne O. Nielsen and published by University of Arizona Press. This book was released on 2020-05-05 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.
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 : Benjamin J Richardson
Publisher : Hart Publishing
ISBN 13 : 9781841137957
Total Pages : 446 pages
Book Rating : 4.1/5 (379 download)
Download or read book Indigenous Peoples and the Law written by Benjamin J Richardson and published by Hart Publishing. This book was released on 2009-04-16 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.
Author : Larissa Behrendt
Publisher : Federation Press
ISBN 13 : 9781862874503
Total Pages : 212 pages
Book Rating : 4.8/5 (745 download)
Download or read book Achieving Social Justice written by Larissa Behrendt and published by Federation Press. This book was released on 2003 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new work argues that a broad Indigenous rights framework is crucial to achieving positive change in the socio-economic disadvantage into which Indigenous Australians are born. It explains why addressing problems in Indigenous communities at a practical level needs to be done in conjunction with rights protection.
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 : Nicole Watson
Publisher : Routledge
ISBN 13 : 1000401243
Total Pages : 244 pages
Book Rating : 4.0/5 (4 download)
Download or read book Indigenous Legal Judgments written by Nicole Watson and published by Routledge. This book was released on 2021-06-27 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system. The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.
