Archive for the ‘law’ Category

From Business Day: RURAL Development and Land Reform Minister Gugile Nkwinti plans to ask the Cabinet to permit more land claims by black South Africans who lost their property before 1913. Legislation providing for land claims, which has cost the fiscus billions of rand, had as a cut-off date for restitution the promulgation of the […]


Felix Mukwiza Ndahinda, Indigenousness in Africa: A Contested Legal Framework for Empowerment of ‘Marginalized’ Communities (Springer, 2011). Following the internationalisation of the indigenous rights movement, a growing number of African hunter-gatherers, pastoralists and other communities have adopted indigenousness in claiming special legal protection. Their legal claims as the indigenous peoples of Africa are backed by […]


Edward Cavanagh, ‘A Company with Sovereignty and Subjects of its Own? The Case of the Hudson’s Bay Company, 1670-1763’, Canadian Journal of Law and Society 26, 1 (2011) Questions about the ways in which colonial subjects were acquired and maintained, and how it was that multiple and often contradictory sovereignties came to overlap in history, […]


Between Indigenous and settler governance: histories and possibilities To be held in the conference room of the Centre for Citizenship and Public Policy, University of Western Sydney Bankstown campus, Building 3, August 18-20, 2011. Waged/salaried: $400 (or $170 per full day, $85 per half day) Casually employed and student rate: $150 (or $70 per full […]


From Owen Bowcott of the Guardian: Highly embarrassing colonial-era files detailing the British army’s repressive tactics against Mau Mau insurgents in Kenya during the 1950s will be revealed in a landmark compensation case. The discovery of thousands of documents withheld for decades from the Kenyan government will raise awkward questions about the Foreign Office’s attempt […]


Robert J. Miller, ‘Tribal Constitutions and Native Sovereignty’, working paper. More than 565 Indigenous tribal governments exercise extensive sovereign and political powers within the United States today. Only about 230 of the native communities that created these governments, however, have chosen to adopt written constitutions to define and control the political powers of their governments. […]


Gaetano Pentassuglia, ‘Towards a Jurisprudential Articulation of Indigenous Land Rights’, European Journal of International Law 22, 1 (2011) As expert analysis concentrates on indigenous rights instruments, particularly the long fought for 2007 UN Declaration on the Rights of Indigenous Peoples, a body of jurisprudence over indigenous land and resources parallels specialized standard-setting under general human […]


Helmut K Anheier and Yudhishthir Raj Isar (eds), Cultures and Globalization: Heritage, Memory and Identity (SAGE, 2011). Heritage, memory and identity are closely connected keywords of our time, each endowed with considerable rhetorical power. Different human groups define certain objects and practices as ‘heritage’; they envision heritage to reflect some form of collective memory, either […]


The American Indian Quarterly 35, 2 (2011) Patty Loew and James Thannum, ‘After the Storm: Ojibwe Treaty Rights Twenty-Five Years after the Voigt Decision’, pp. 161-191. Arnold Krupat, ‘Chief Seattle’s Speech Revisited’, pp. 192-214. Rauna Kuokkanen, ‘Indigenous Economies, Theories of Subsistence, and Women: Exploring the Social Economy Model for Indigenous Governance’, pp. 215-240. Maria A. […]


…he seems to be claiming that ‘Indigenous Title’ is somehow different from ‘Aboriginal Title’ with the difference being that Indigenous Title is both an individual right as well as a communal one. turtletalk, on Louison v. Ochapowace Indian Band #71