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This book argues that a key means of ensuring appropriate participation in decision-making about water management is for such participation to be legislatively mandated. To this end, the book draws on case studies in order to elaborate the legislative tools necessary to ensure Indigenous participation in the water management landscape.
This book brings together Third World and Indigenous perspectives on the theory and practice of decolonizing law.
This book brings together Third World and Indigenous perspectives on the theory and practice of decolonizing law.
This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation.
With contributions from critical legal theory, international law, critical anthropology, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples¿ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.
Based on author's thesis (doctoral - Birkbeck College School of Law, 2013).
This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation.
Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions, and also in the United Nations Declaration on the Rights of Indigenous Peoples, this book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior.
This book takes an interdisciplinary approach to the complicated power relations surrounding the recognition and implementation of Indigenous Peoples¿ rights at multiple scales.
Human Rights, the Rule of Law and Exploitation in the Postcolony: Blood Minerals examines how the legal frameworks of the global economy position the inhabitants of the postcolonial south in a legal and moral position that facilitates economic exploitation, juridical regulation, and dominion over land and resources. The colonial moment witnessed the expropriation of lands through their declaration as terra nullius and the designation of the people inhabiting them as persona nullius. Drawing on several exemplary situations ΓÇô from Africa (the DRC and Nigeria), Asia (India), the Pacific region (Papua New Guinea and Australia) and South America (Ecuador) ΓÇô Blood Minerals describes how colonial rule operates in a violent and destructive cycle of mineral extraction. It shows how the populations of the postcolonial global south are stripped of juridical personality and become persona nullius, as the legal-economic frameworks of globalization enact colonial rule by declaring the lands that are to be exploited as void of law. It is the revival of this colonial trope in the so-called postcolony, the book argues, that legitimates the violent dispossession, displacement, and even the obliteration, of its inhabitants.
Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions, and also in the United Nations Declaration on the Rights of Indigenous Peoples, this book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior.
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