Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Download The Reconciliation Of Resource Development And Aboriginal Land Rights At Common Law In North America full books in PDF, epub, and Kindle. Read online The Reconciliation Of Resource Development And Aboriginal Land Rights At Common Law In North America ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author :
Publisher : National Library Australia
ISBN 13 :
Total Pages : 1022 pages
Book Rating : 4./5 ( download)
Download or read book APAIS 1991: Australian public affairs information service written by and published by National Library Australia. This book was released on with total page 1022 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : P. G. McHugh
Publisher : OUP Oxford
ISBN 13 : 0191018546
Total Pages : 1529 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 1529 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 :
Publisher : National Library Australia
ISBN 13 :
Total Pages : 1106 pages
Book Rating : 4./5 ( download)
Download or read book APAIS 1994: Australian public affairs information service written by and published by National Library Australia. This book was released on with total page 1106 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Geoffrey Burn
Publisher : Wipf and Stock Publishers
ISBN 13 : 1725263823
Total Pages : 242 pages
Book Rating : 4.7/5 (252 download)
Download or read book Liberating the Will of Australia written by Geoffrey Burn and published by Wipf and Stock Publishers. This book was released on 2020-08-03 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do many First People in Australia find themselves continually under siege? Why do many interventions fail to produce what was hoped for? Why is it that, when there have been many positive developments, at some deep level, nothing seems to have changed? Will the “Uluru Statement from the Heart” ensure the future security of the First Peoples in Australia? By developing strands from Christian theology, Liberating the Will of Australia answers these questions in a way that gets to the heart of the problem. It is shown that the way that the First Peoples were treated by the first European in-comers became an indelible part of what Australia currently is. This explains why harm is often done even when good is intended, and why some problems are too complex to solve. But that does not mean that we need to be stuck in the past: through deep repentance by the “Subsequent Peoples,” much more than an apology, we can take hold of the work of God to bring new things out of what is broken. Ultimately, this is profoundly hopeful. Although focusing on Australia, the theological tools developed can be applied in other colonial and post-colonial contexts.
Author : Richard H. Bartlett
Publisher : Butterworth-Heinemann
ISBN 13 :
Total Pages : 644 pages
Book Rating : 4.3/5 (91 download)
Download or read book Native Title in Australia written by Richard H. Bartlett and published by Butterworth-Heinemann. This book was released on 2000 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lee Godden
Publisher : Routledge
ISBN 13 : 1136946020
Total Pages : 417 pages
Book Rating : 4.1/5 (369 download)
Download or read book Comparative Perspectives on Communal Lands and Individual Ownership written by Lee Godden and published by Routledge. This book was released on 2010-02-26 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of critical debates, analyses and evaluations of changing models of property as the vehicle governing access to land and resources.
Author :
Publisher :
ISBN 13 :
Total Pages : 1228 pages
Book Rating : 4.3/5 (91 download)
Download or read book APAIS, Australian Public Affairs Information Service written by and published by . This book was released on 1998 with total page 1228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vol. for 1963 includes section Current Australian serials; a subject list.
Author : Robyn Bartel
Publisher : Edward Elgar Publishing
ISBN 13 : 1788977203
Total Pages : 448 pages
Book Rating : 4.7/5 (889 download)
Download or read book Handbook on Space, Place and Law written by Robyn Bartel and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative Handbook provides an expansive interrogation of the spaces and places of law, exploring how we engage relationally in a material world, within which we are inter-dependent and reliant, and governed by laws in a dynamic process. It advances novel insights into the numerous intersections of space, place and law in our lives.
Author :
Publisher :
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.F/5 ( download)
Download or read book Report on the Situation of Human Rights in Ecuador written by and published by . This book was released on 1997 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: OF JUSTICE IN ECUADOR
Author : Aimée Craft
Publisher : Univ. of Manitoba Press
ISBN 13 : 0887552927
Total Pages : 411 pages
Book Rating : 4.8/5 (875 download)
Download or read book In Our Backyard written by Aimée Craft and published by Univ. of Manitoba Press. This book was released on 2022-04-29 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning with the Grand Rapids Dam in the 1960s, hydroelectric development has dramatically altered the social, political, and physical landscape of northern Manitoba. The Nelson River has been cut up into segments and fractured by a string of dams, for which the Churchill River had to be diverted and new inflow points from Lake Winnipeg created to manage their capacity. Historic mighty rapids have shrivelled into dry river beds. Manitoba Hydro's Keeyask dam and generating station will expand the existing network of 15 dams and 13,800 km of transmission lines. In Our Backyard tells the story of the Keeyask dam and accompanying development on the Nelson River from the perspective of Indigenous peoples, academics, scientists, and regulators. It builds on the rich environmental and economic evaluations documented in the Clean Environment Commission’s public hearings on Keeyask in 2012. It amplifies Indigenous voices that environmental assessment and regulatory processes have often failed to incorporate and provides a basis for ongoing decision-making and scholarship relating to Keeyask and resource development more generally. It considers cumulative, regional, and strategic impact assessments; Indigenous worldviews and laws within the regulatory and decision-making process; the economics of development; models for monitoring and management; consideration of affected species; and cultural and social impacts. With a provincial and federal regulatory regime that is struggling with important questions around the balance between development and sustainability, and in light of the inherent rights of Indigenous people to land, livelihoods, and self-determination, In Our Backyard offers critical reflections that highlight the need for purposeful dialogue, principled decision making, and a better legacy of northern development in the future.
Author : Louis A. Knafla
Publisher : UBC Press
ISBN 13 : 0774859296
Total Pages : 280 pages
Book Rating : 4.7/5 (748 download)
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.
Author : Jonathan Harris
Publisher : Oxford University Press
ISBN 13 : 0192693956
Total Pages : 449 pages
Book Rating : 4.1/5 (926 download)
Download or read book Essays in International Litigation for Lord Collins written by Jonathan Harris and published by Oxford University Press. This book was released on 2022-11-17 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The practice of international litigation has been transformed in recent decades. Central to the development of international litigation as a field has been the remarkable career of Lord Collins: scholar, practitioner, judge and arbitrator. In this collection in his honour, inspired by Collinss own late 20th Century classic Essays in International Litigation and the Conflict of Laws (OUP 1994), Jonathan Harris and Campbell McLachlan present the research of sixteen jurists of international renown. They offer a fresh appraisal of key developments across the field: from climate litigation to offshore trusts, the impact of Brexit and the new tools for international judicial cooperation. Organised into five parts, the book offers a set of unique insights into the conduct of cross-border litigation; the judicial role in international cases; the shape of English private international law; the conduct of international arbitration; and the interface with public international law. As a whole, the book offers the opportunity to reflect on the deeper purposes of international litigation in the pursuit of comity.
Author : Canadian Bar Association
Publisher :
ISBN 13 :
Total Pages : 534 pages
Book Rating : 4.F/5 ( download)
Download or read book Aboriginal Ownership and Management of Resources in Canada written by Canadian Bar Association and published by . This book was released on 2003 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Thomas Isaac
Publisher : UBC Press
ISBN 13 : 1895830656
Total Pages : 449 pages
Book Rating : 4.8/5 (958 download)
Download or read book Aboriginal Law, Fourth Edition written by Thomas Isaac and published by UBC Press. This book was released on 2012-08-15 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thomas Isaac looks at the broad picture of trends that are developing in the law and the background, highlighting aspects of Canadian law that impact Aboriginal peoples and their relationship with the wider Canadian society. While covering issues such as Aboriginal and treaty rights, constitutional issues, land claims, self-government, provincial and federal roles, the rights of the Métis, and the Indian Act, this book pays particular attention to the Crown’s duty to consult. The Supreme Court of Canada has clearly stated that achieving reconciliation between Aboriginal interests with the needs of Canadian society as a whole lies primarily with governments, which Isaac outlines.
Author : Ulla Secher
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253769
Total Pages : 542 pages
Book Rating : 4.7/5 (822 download)
Download or read book Aboriginal Customary Law: A Source of Common Law Title to Land written by Ulla Secher and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).
Author : The Truth and Reconciliation Commission of Canada
Publisher : James Lorimer & Company
ISBN 13 : 145941067X
Total Pages : 545 pages
Book Rating : 4.4/5 (594 download)
Download or read book Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary written by The Truth and Reconciliation Commission of Canada and published by James Lorimer & Company. This book was released on 2015-07-27 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians.
Author : Ruth Buchanan
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254129
Total Pages : 374 pages
Book Rating : 4.7/5 (822 download)
Download or read book Law in Transition written by Ruth Buchanan and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law has become the vehicle by which countries in the 'developing world', including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments. The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible. The book is designed for research and teaching at both undergraduate and graduate levels. ENDORSEMENTS An extraordinary collection of essays that illuminate the nature of law in today's fragmented and uneven globalized world, by situating the stakes of law in the intersection between the fields of human rights, development and transitional justice. Unusual for its breadth and the quality of scholarly contributions from many who are top scholars in their fields, this volume is one of the first that attempts to weave the three specialized fields, and succeeds brilliantly. For anyone working in the fields of development studies, human rights or transitional justice, this volume is a wake-up call to abandon their preconceived ideas and frames and aim for a conceptual and programmatic restart. Professor Balakrishnan Rajagopal, Ford International Associate Professor of Law and Development, Massachusetts Institute of Technology This superb collection of essays explores the challenges, possibilities, and limits faced by scholars and practitioners seeking to imagine forms of law that can respond to social transformation. Drawing together cutting-edge work across the three dynamic fields of law and development, transitional justice, and international human rights law, this volume powerfully demonstrates that in light of the changes demanded of legal research, education, and practice in a globalizing world, all law is "law in transition". Anne Orford, Michael D Kirby Chair of International Law and Australian Research Council Future Fellow, University of Melbourne A terrific volume. Leading scholars of human rights, development policy, and transitional justice look back and into the future. What has worked? Where have these projects gone astray or conflicted with one another? Law will only contribute forcefully to justice, development and peaceful, sustainable change if the lessons learned here give rise to a new practical wisdom. We all hope law can do better – the essays collected here begin to show us how. David Kennedy, Manley O Hudson Professor of Law, Director, Institute for Global Law and Policy, Harvard Law School
