Archive for the ‘law’ Category
Kenichi Matsui, Native Peoples and Water Rights: Irrigation, Dams, and the Law in Western Canada (M-Q UP 2010); Hnet review here. Economic developments in irrigation, agriculture, and hydroelectric power generation in western Canada at the turn of the last century challenged the way Native peoples had traditionally managed the watershed environment. Facing rapidly expanding provincial […]
Filed under: Canada, law, Scholarship and insights | Closed
Seth Korman, ‘Indigenous Ancestral Lands and Customary International Law’, University of Hawai ‘i Law Review 32 (2009-2010), pp. 391-463. In lieu of an abstract, here’s part of the introduction: The debate over the existence of customary law protecting the land rights of indigenous peoples is relatively new. While there is commentary and scholarship on the emergence […]
Filed under: law, Scholarship and insights | Closed
Indigenous Law Journal 8, 1 (2010) Table of Contents: Bessie Mainville ‘Traditional Native Culture and Spirituality: A Way of Life That Governs Us Community Voices’, pp. 1-6. Kent McNeil, ‘Reconciliation and Third-Party Interests: Tsilhqot’in Nation v. British Columbia’, pp. 7-26. Emily Luther, ‘Whose Distinctive Culture – Aboriginal Feminism and R. v. Van der Peet’, pp. […]
Filed under: Australia, Canada, law, Scholarship and insights, United States | Closed
Ulf Johansson Dahrea, ‘There are no such things as universal human rights – on the predicament of indigenous peoples, for example’, International Journal of Human Rights 14, 5 2010 Abstract: There is a gap between the normative ideas of universal human rights and social practice. This discrepancy in the human rights field is analysed in […]
Filed under: Africa, Asia, Australia, Éire, Canada, Israel/Palestine, law, New Zealand, Scholarship and insights, Southern Africa, United States | Closed
Christa Scholtz, ‘Land Claim Negotiations And Indigenous Claimant Legibility In Canada And New Zealand’, Political Science 62, 1 (2010) In 1973 Canada instituted a land claims negotiation policy. Records reveal that the government felt reasonably confident that Indian bands, on average, represented defined political actors with whom the federal government could engage in a negotiation […]
Filed under: Australia, Canada, law, Scholarship and insights | Closed
I have been following the recent Ngapuhi case in NZ, and have made a few comments on this blog about the matter here, here and here. I admit that I have been stabbing in the dark quite a bit, and unsurprisingly, I have made a few errors in my coverage. An experienced Maori lawyer, Joshua Hitchcock, […]
Filed under: Empire, law, New Zealand, Political developments, Sovereignty | Closed
via ABC online The Victorian Government has introduced legislation into Parliament that could take native title resolution out of the Federal Court. The framework would allow Indigenous groups to settle with the Government out of court, if they drop current native title claims and agree not to lodge future claims. The government says it could […]
Filed under: Australia, law, Political developments | Closed
From Waatea News: Taitokerau MP Hone Harawira, who chaired the Waitangi hui, says many people wanted to talk about the Declaration of Independence which preceded the Treaty of Waitangi, and about the constitutional issues being raised in the Northland claims now before the Waitangi Tribunal. “People talked in particular about the issue Ngapuhi is raising […]
Filed under: law, New Zealand, Political developments, Sovereignty | Closed
paradoxes of iroquois passports
From the pen of Felicia Fonseca, via Associated Press The team has maintained that traveling on anything other than an Iroquois-issued passport would be a strike against the players’ identity. But the British government wouldn’t budge in denying team members entry into England without U.S. or Canadian passports, keeping the Iroquois Nationals from competing at […]
Filed under: Canada, law, Political developments, Sovereignty, United States | Closed
Mahmood Mamdani, ‘Responsibility to Protect or Right to Punish?’, Journal of Intervention and Statebuilding 4, 1 (2010) Abstract This essay argues that the new global regime of R2P bifurcates the international system between sovereign states whose citizens have political rights, and de facto trusteeship territories whose populations are seen as wards in need of external […]
Filed under: Africa, Genocide, law, Scholarship and insights | Closed
settler colonial studies blog 