Archive for the ‘law’ Category

  Robert J. Miller and Micheline D’Angelis,’Brazil, Indigenous Peoples, and the International Law of Discovery’ (Working Paper: February 23, 2011). Abstract: The Doctrine of Discovery, viewed through the lens of six hundred years of international law, has shaped Brazil’s legal history and laws ever since 1500 when Portugal claimed first discovery of the territory. A […]


In his inaugural lecture on Tuesday 8 March, Professor Richard Boast will argue that there were many more ‘treaties’ in colonial New Zealand than just the 1840 document, and that an examination and debate about their significance is needed. “It is often assumed that the Treaty of Waitangi was the only Treaty between the state […]


Robert van Krieken, ‘Kumarangk (Hindmarsh Island) and the Politics of Natural Justice under Settler-Colonialism’, Law & Social Inquiry 36, 1 (2011). This article examines the impact of the application of apparently impartial principles of procedural fairness and natural justice on the construction of “authentic” and “inauthentic” knowledge of Aboriginal culture. It discusses the progression of […]


Dear all, We are pleased to announce that the first issue of settler colonial studies is now available for your viewing. Check it out here. In this stage of its life, settler colonial studies is an online, open-access journal. There are may benefits of such a medium (among them, universally free access, and immediate registration […]


Incredibly detailed and contextualised review of Lisa Ford’s Settler Sovereignty by Cambridge oracle Paul McHugh. Law and History Review (2011), 29: 313-316 a bit of it: Ford purposefully describes this as a predominantly legal story rather understating the impact of the huge socioeconomic and demographic changes that turned into steamrolling settler sovereignty. She could stress […]


Knut G. Nustad,’Property, rights and community in a South African land-claim case’, Anthropology Today 27, 1 (2011) In the context of South Africa’s land reform programme, the concepts of ‘property’ and ‘rights’ carry a heavy ideological baggage. This is evident in the country’s land reform policies, which have sought to reach a compromise between differing […]


Here’s a teaser for the forthcoming settler colonial studies 1 (2011). ARTICLES Lorenzo Veracini: Introducing settler colonial studies pp. 1-12 Patrick Wolfe: After the Frontier: Separation and Absorption in US Indian Policy pp. 13-50 Scott Lauria Morgensen: The Biopolitics of Settler Colonialism: Right Here, Right Now pp. 51-75 Ivan Sablin and Maria Savelyeva: Mapping Indigenous […]


Timo Koivurova, ‘Jurisprudence of the European Court of Human Rights Regarding Indigenous Peoples: Retrospect and Prospects’, International Journal on Minority and Group Rights 18, 1 (2011) Abstract: Probably because there have been no landmark cases decided by the European Court of Human Rights (and the Commission) in favour of indigenous peoples, there has correspondingly been […]


The Alberta Court of Appeal has sided with the Alberta government and against the Athabasca Chipewyan First Nation in a case involving oil and gas rights. The Athabasca Chipewyan First Nation argued that the Alberta Government through the Energy Minister can not grant resource rights in the form of long term oil sands leases without […]


The Good Society 19, 2 (2010) Breanna M. Forni, ‘Political Authority, Recognition, and the Rights of Indigenous Peoples: An Introduction’, pp. 44-46. Burke Hendrix, ‘Political Authority and Indigenous Sovereignty’, pp. 47-52. Andrew Volmert, ‘Indigenous Self-Determination and Freedom from Rule’, pp. 53-59. Jorge M. Valadez, ‘Deliberation, Cultural Difference, and Indigenous Self-Governance’, pp. 60-65.