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Author: Carwyn Jones Publisher: UBC Press ISBN: 9780774831703 Category : History Languages : en Pages : 232
Book Description
Legal traditions respond to social and economic environments. Māori author and legal scholar Carwyn Jones provides a timely examination of how the resolution of land claims in New Zealand has affected Māori law and the challenges faced by Indigenous peoples as they attempt to exercise self-determination in a postcolonial world. Combining thoughtful analysis with Māori storytelling, Jones’s nuanced reflections on the claims process show how Western legal thought has shaped treaty negotiations. Drawing on Canadian and international examples, Jones makes the case that genuine reconciliation can occur only when we recognize the importance of Indigenous traditions in the settlement process.
Author: Carwyn Jones Publisher: UBC Press ISBN: 9780774831703 Category : History Languages : en Pages : 232
Book Description
Legal traditions respond to social and economic environments. Māori author and legal scholar Carwyn Jones provides a timely examination of how the resolution of land claims in New Zealand has affected Māori law and the challenges faced by Indigenous peoples as they attempt to exercise self-determination in a postcolonial world. Combining thoughtful analysis with Māori storytelling, Jones’s nuanced reflections on the claims process show how Western legal thought has shaped treaty negotiations. Drawing on Canadian and international examples, Jones makes the case that genuine reconciliation can occur only when we recognize the importance of Indigenous traditions in the settlement process.
Author: Carwyn Jones Publisher: UBC Press ISBN: 0774831715 Category : History Languages : en Pages : 320
Book Description
Legal cultures change in response to social and economic environments. Māori author and legal scholar Carwyn Jones provides a timely examination of how the resolution of land claims in New Zealand has affected traditional Māori law, illustrating the challenges faced by Indigenous peoples as they attempt to exercise self-determination in a postcolonial world. Combining thoughtful analysis with Māori storytelling New Treaty, New Tradition reveals the enduring vitality of Māori legal traditions, making the case that genuine reconciliation can occur only when we recognize the importance of Indigenous traditions in the settlement process. Drawing on examples from Canada and New Zealand, Jones illustrates how Western legal thought has shaped the historical claims process. As Indigenous self-determination plays out on the world stage, this nuanced reflection brings into focus prospects for the long-term success of reconciliation projects in Canada and around the globe.
Author: Tipene O'Regan Publisher: Bridget Williams Books ISBN: 1927131995 Category : Social Science Languages : en Pages : 39
Book Description
Negotiating a claim before the Waitangi Tribunal can involve troubling challenges to an iwi’s legitimacy, sometimes from unexpected places. In this unique behind-the-scenes account of the negotiation of Ngāi Tahu’s Waitangi Tribunal claim, Sir Tipene O’Regan describes what happened when claims of New Age mysticism attempted to undermine traditional whakapapa and academic scholarship.
Author: Abram Chayes Publisher: Harvard University Press ISBN: 9780674617834 Category : Political Science Languages : en Pages : 440
Book Description
In an increasingly complex and interdependent world, states resort to a bewildering array of regulatory agreements to deal with problems as disparate as climate change, nuclear proliferation, international trade, satellite communications, species destruction, and intellectual property. In such a system, there must be some means of ensuring reasonably reliable performance of treaty obligations. The standard approach to this problem, by academics and politicians alike, is a search for treaties with "teeth"--military or economic sanctions to deter and punish violation. The New Sovereignty argues that this approach is misconceived. Cases of coercive enforcement are rare, and sanctions are too costly and difficult to mobilize to be a reliable enforcement tool. As an alternative to this "enforcement" model, the authors propose a "managerial" model of treaty compliance. It relies on the elaboration and application of treaty norms in a continuing dialogue between the parties--international officials and nongovernmental organizations--that generates pressure to resolve problems of noncompliance. In the process, the norms and practices of the regime themselves evolve and develop. The authors take a broad look at treaties in many different areas: arms control, human rights, labor, the environment, monetary policy, and trade. The extraordinary wealth of examples includes the Iran airbus shootdown, Libya's suit against Great Britain and the United States in the Lockerbie case, the war in Bosnia, and Iraq after the Gulf War. The authors conclude that sovereignty--the status of a recognized actor in the international system--requires membership in good standing in the organizations and regimes through which the world manages its common affairs. This requirement turns out to be the major pressure for compliance with treaty obligations. This book will be an invaluable resource and casebook for scholars, policymakers, international public servants, lawyers, and corporate executives.
Author: Atholl Anderson Publisher: Bridget Williams Books ISBN: 0908321546 Category : History Languages : en Pages : 705
Book Description
Tangata Whenua: A History presents a rich narrative of the Māori past from ancient origins in South China to the twenty-first century, in a handy paperback format. The authoritative text is drawn directly from the award-winning Tangata Whenua: An Illustrated History; the full text of the big hardback is available in a reader-friendly edition, ideal for students and for bedtime reading, and a perfect gift for those whose budgets do not stretch to the illustrated edition. Maps and diagrams complement the text, along with a full set of references and the important statistical appendix. Tangata Whenua: An Illustrated History was published to widespread acclaim in late 2014. This magnificent history has featured regularly in the award lists: winner of the 2015 Royal Society Science Book Prize, shortlisted for the international Ernest Scott Prize, winner of the Te Kōrero o Mua (History) Award at the Ngā Kupu ora Aotearoa Māori Book Awards, and Gold in the Pride in Print Awards. The importance of this history to New Zealand cannot be overstated. Māori leaders emphatically endorsed the book, as have reviewers and younger commentators. They speak of the way Tangata Whenua draws together different strands of knowledge – from historical research through archaeology and science to oral tradition. They remark on the contribution this book makes to evolving knowledge, describing it as ‘a canvas to paint the future on’. And many comment on the contribution it makes to the growth of understanding between the people of this country.
Author: Law Commission of Canada Publisher: UBC Press ISBN: 0774855770 Category : Law Languages : en Pages : 189
Book Description
The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.
Author: Mark Hickford Publisher: Taylor & Francis ISBN: 1351240358 Category : Law Languages : en Pages : 307
Book Description
Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand’s Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. 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. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.
Author: Walter Hildebrandt Publisher: McGill-Queen's Press - MQUP ISBN: 9780773515222 Category : History Languages : en Pages : 436
Book Description
There are several historical accounts of the Treaty 7 agreement between the government and prairie First Nations but none from the perspective of the aboriginal people involved. In spite of their perceived silence, however, the elders of each nation involved have maintained an oral history of events, passing on from generation to generation many stories about the circumstances surrounding Treaty 7 and the subsequent administration of the agreement. The True Spirit and Original Intent of Treaty 7 gathers the "collective memory" of the elders about Treaty 7 to provide unique insights into a crucial historical event and the complex ways of the aboriginal people.
Author: Jill Barrett Publisher: Cambridge University Press ISBN: 1107111900 Category : Business & Economics Languages : en Pages : 533
Book Description
Aims to provide a useful analytical tool and practical guidance on good treaty practice. It will be of interest to those working with treaties and treaty procedures in governments, international organisations, and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.
Author: Charles Wilkinson Publisher: University of Washington Press ISBN: 0295802014 Category : History Languages : en Pages : 576
Book Description
The history of the Siletz is in many ways the history of all Indian tribes in America: a story of heartache, perseverance, survival, and revival. It began in a resource-rich homeland thousands of years ago and today finds a vibrant, modern community with a deeply held commitment to tradition. The Confederated Tribes of Siletz Indians�twenty-seven tribes speaking at least ten languages�were brought together on the Oregon Coast through treaties with the federal government in 1853�55. For decades after, the Siletz people lost many traditional customs, saw their languages almost wiped out, and experienced poverty, killing diseases, and humiliation. Again and again, the federal government took great chunks of the magnificent, timber-rich tribal homeland, a reservation of 1.1 million acres reaching a full 100 miles north to south on the Oregon Coast. By 1956, the tribe had been �terminated� under the Western Oregon Indian Termination Act, selling off the remaining land, cutting off federal health and education benefits, and denying tribal status. Poverty worsened, and the sense of cultural loss deepened. The Siletz people refused to give in. In 1977, after years of work and appeals to Congress, they became the second tribe in the nation to have its federal status, its treaty rights, and its sovereignty restored. Hand-in-glove with this federal recognition of the tribe has come a recovery of some land--several hundred acres near Siletz and 9,000 acres of forest--and a profound cultural revival. This remarkable account, written by one of the nation�s most respected experts in tribal law and history, is rich in Indian voices and grounded in extensive research that includes oral tradition and personal interviews. It is a book that not only provides a deep and beautifully written account of the history of the Siletz, but reaches beyond region and tribe to tell a story that will inform the way all of us think about the past. Watch the book trailer: https://www.youtube.com/watch?v=NEtAIGxp6pc
Author: Carwyn Jones
Author: Carwyn Jones
Author: Carwyn Jones
Author: Tipene O'Regan
Author: Abram Chayes
Author: Atholl Anderson
Author: Law Commission of Canada
Author: Mark Hickford
Author: Walter Hildebrandt
Author: Jill Barrett
Author: Charles Wilkinson