Indigenous Peoples and the Law: Comparative and Critical Perspectives (Osgoode Readers)

Indigenous Peoples and the Law: Comparative and Critical Perspectives (Osgoode Readers)

By: Shin Imai (editor), Kent McNeil (editor), Ben Richardson (editor), Jennifer Clarke (contributor), Hopkins Hopkins (contributor), Michael Coyle (contributor), Cruz Cruz (contributor), John Borrows (contributor), Gordon Christie (contributor), Claire Charters (contributor)Paperback

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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.

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About Author

Benjamin J Richardson, Shin Imai and Kent McNeil are Professors at Osgoode Hall Law School of York University in Toronto.


Introduction 1. Indigenous Peoples and the Law--Historical, Comparative and Contextual Issues Benjamin J Richardson, Shin Imai, and Kent McNeil Part 1: Sovereignty, Status and Self-Determination in Historical Perspective 2. Promise and Paradox: The Emergence of Indigenous Rights Law in Canada Mark D Walters 3. The Dyadic Character of US Indian Law Benjamin J Richardson 4. Australia: The White House with Lovely Dot Paintings whose Inhabitants have 'Moved on' from History? Jennifer Clarke 5. The Ma--ori Encounter with Aotearoa: New Zealand's Legal System Jacinta Ruru 6. The Inter-American System and the Rights of Indigenous Peoples: Human Rights and the Realist Model James Hopkins 7. Indigenous Peoples and International Law and Policy Claire Charters Part 2: Contemporary Claims, Issues and Settlements 8. Indigenous Legal Theory: Some Initial Considerations Gordon Christie 9. Aboriginal Discourse: Gender, Identity and Community Val Napoleon 10. Judicial Treatment of Indigenous Land Rights in the Common Law World Kent McNeil 11. Indigenous Self-Determination and the State Shin Imai 12. Law of the Land--Recognition and Resurgence in Indigenous Law and Justice Systems Christine Zuni Cruz 13. The Ties that Bind: Indigenous Peoples and Environmental Governance Benjamin J Richardson 14. ADR Processes and Indigenous Rights: A Comparative Analysis of Australia, Canada and New Zealand Michael Coyle Conclusion 15. Physical Philosophy: Mobility and the Future of Indigenous Rights John Borrows

Product Details

  • publication date: 18/03/2009
  • ISBN13: 9781841137957
  • Format: Paperback
  • Number Of Pages: 446
  • ID: 9781841137957
  • weight: 680
  • ISBN10: 1841137952

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