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Abstract: Purpose: The purpose of this paper is to describe and critically review the new tenure arrangements that have been established to recognise Maori relationship with land (Te Urewera) and river (Whanganui River), to ascribe them their own legal personality. Design/methodology/approach: The paper describes the development of the legal arrangements in Aotearoa New Zealand for Treaty settlements with Maori, and documents the various forms of rights and divisions of space that are changing the face of property institutions. Findings: The paper finds that the acknowledgement of land and nature as having their own legal status and therefore owned by themselves is bold and innovative, but is still not a full recognition of customary tenure. The recognition of rivers as indivisible entities is stated but not clearly implemented. Practical implications: Maori interests and authority are now more clearly articulated, and Maori may expect to be able to engage in customary practices and restore their traditional relationships with their land more explicitly. Originality/value: This is an innovative development in tenure arrangements seen by some as providing for the rights of nature, but actually responding to the rights of the indigenous people. This article may inform others about possible models for more diverse tenure arrangements elsewhere.

 




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Abstract: This dissertation aims to unravel Israel’s pronatalist fertility regime as co-produced by ongoing histories of Zionist settler colonialism and biocapitalism. Rather than adhering to dominant culturalist viewpoints on (assisted) reproduction in Israel, which focus on the particularity of fertility in Jewish culture, law and religion, State of the //ART// of the State advances a gendered political economy perspective. This transdisciplinary perspective looks into the sociomaterialities of ART in Israel/Palestine at the intrasecting logic of biocapital accumulation and demographic elimination, by bringing to the fore its mutually constituting power hierarchies of class, race, gender, biology, sociality, life and death. Taking reproductive technologies and practices such as IVF, Pergonal, egg donation and transnational surrogacy as case studies that have been studied through qualitative fieldwork in Israel/Palestine, I have unpacked the gendered political economy approach by consistently looking into four key themes: 1) settler colonial demographies, 2) ART’s life and death function, 3) biocapitalism’s underlying property –and labour regimes and 4) the (re)productive role of women and their bodies. Using ARTs as a looking glass to understand how Zionism transformed from a European ideology into a practice in Palestine/Israel, has exposed the intimate ways through which reproductive technologies and practices have co-produced a settler colonial state, nationalised bodies, racialised populations and ‘pioneering’ bio-markets, ánd vice versa. I concluded that Zionism’s demographic arithmetic directed at manufacturing a Jewish majority at the expense of Palestinian life, has enabled the development of an innovative reproductive-embryonic industry, in which women and their bodies play a crucial role, both as reproducers of the settler nation and as (unrecognised) producers of biovalue. Although the sphere of biological and social reproduction constitutes a powerful perspective to understand Zionist policies of demographic control, elimination and biocapital accumulation, it is also a fertile starting point to explore, imagine and construct anticolonial political horizons.


Abstract: This paper analyzes the policing of settler colonialism in Canada through two specific land reclamations, Ipperwash (1995) and Caledonia (2006), and the Ipperwash Inquiry (2003-2007) that links them together. While these cases are often contrasted, Ipperwash as an instance of “escalated force” and Caledonia a progressive example of “measured response,” I argue that this dichotomy disguises the continuous and underlying function of the police. As an embodiment of Canada’s legal architecture, the police use violence to maintain social order and reproduce the geography of settlement. Processes of inquiry are limited by their inability to critique the constitutive violence of the law. By placing justice within Canada’s existing legal structures, the Ipperwash Inquiry naturalizes the spatial order that land reclamations intend to decolonize.


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