Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal, social, and political landscape.
Release on 2020-02-24 | by Antonietta Di Blase,Valentina Vadi
Author: Antonietta Di Blase,Valentina Vadi
Pubpsher: Roma TrE-Press
This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations.
Release on 2019-04-25 | by Emma Lees,Jorge E. Viñuales
Author: Emma Lees,Jorge E. Viñuales
Pubpsher: Oxford University Press
This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.
Release on 2008 | by Philipa Rothfield,Cleo Fleming,Paul A. Komesaroff
Between Theory and Practice
Author: Philipa Rothfield,Cleo Fleming,Paul A. Komesaroff
Pubpsher: Ashgate Publishing, Ltd.
Category: Political Science
Drawing on fields in the social sciences and humanities, including post structuralism, hermeneutics, subaltern studies and social theory, and elaborated in relation to contemporary sites of conflict and peace-making, this collection brings together a unique range of perspectives on the complex issue of reconciliation while offering responses to the key questions being asked of it today.
Release on 2013-01-31 | by Nigel Bankes,Timo Koivurova
National and International Dimensions of Indigenous Property Rights
Author: Nigel Bankes,Timo Koivurova
Pubpsher: Bloomsbury Publishing
In 2005 an expert group representing the governments of Norway, Sweden and Finland, and the Saami parliaments of these countries agreed upon a draft text of a Nordic Saami Convention. Key parts of the text deal with the recognition of Saami land and resource rights. More recently the three governments have embarked on negotiations to move from this draft text to a final convention that may be adopted and ratified by all three countries. Negotiations commenced in the Spring of 2011 and should be completed within five years. This collection of essays explores the national and international dimensions of indigenous property rights and the draft Convention which recognises the Saami as one people divided by international boundaries. Part one of the book seeks to provide a global and theoretical context for these developments in the Nordic countries, with a series of essays dealing with the moral and legal reasons for recognising indigenous property interests and different conceptualisations of the relationship between indigenous peoples and settler societies, including recognition, reconciliation and pluralism. Part two of the book examines some international legal issues associated with the Convention, including the background to the Convention. Part three turns to examine aspects of the recognition of Saami property interests in each of the three Nordic states, while Part four provides some comparative experiences, examining the recognition of indigenous property rights in a number of jurisdictions, including Canada, Australia and a number of South American states. An additional essay considers gender issues in relation to indigenous property rights.
Since the end of the Cold War, the concept of reconciliation has emerged as a central term of political discourse within societies divided by a history of political violence. Reconciliation has been promoted as a way of reckoning with the legacy of past wrongs while opening the way for community in the future. This book examines the issues of transitional justice in the context of contemporary debates in political theory concerning the nature of 'the political'. Bringing together research on transitional justice and political theory, the author argues that if we are to talk of reconciliation in politics we need to think about it in a fundamentally different way than is commonly presupposed; as agonistic rather than restorative.
Realizing the Political Potential of Critical Social Theory
Author: Charles Masquelier
Pubpsher: Bloomsbury Publishing USA
This volume in the Critical Theory and Contemporary Society series examines the role critical theory plays in today's political, social, and economic crises, showing how it can help to both diagnose and remedy such problems. Critical social theory is first revisited by exposing the affinity between Marx's critique of political economy, the critique of instrumental reason elaborated by the first generation of the Frankfurt School, and the libertarian socialism of G.D.H. Cole. This is followed by a proposal for a radical reorganization of economic and political life and the corresponding development of emancipatory practices presupposing the reconciliation of humanity and nature. Lastly, the contemporary relevance of these institutions and practices are discussed, along with cases of contemporary forms of resistance, such as the Occupy Movement and alter-globalisation. By bringing together the concerns of critical theory and libertarian socialism, this volume not only illustrates the practical side of critical theory, but also highlights its contemporary relevance. Researchers in political theory, social theory and political philosophy will find this an engaging work that will stimulate debates about new alternatives to existing problems.
The founding of truth commissions, legal tribunals, and public confessionals in places like South Africa, Australia, Yugoslavia, and Chile have attempted to heal wounds and bring about reconciliation in societies divided by a history of violence and conflict. This volume asks how many of the popular conclusions reached by transitional justice studies fall short, or worse, unwittingly perpetuate the very injustices they aim to suture. Though often well intentioned, these approaches generally resolve in an injunction to "move on," as it were; to leave the painful past behind in the name of a conciliatory future. Through collective acts of apology and forgiveness, so the argument goes, reparation and restoration are imparted, and the writhing conflict of the past is substituted for by the overlapping consensus of community. And yet all too often, the authors of this study maintain, the work done in assuaging past discord serves to further debase and politically neutralize especially the victims of abuse in need of reconciliation and repair in the first place. Drawing on a wide range of case studies, from South Africa to Northern Ireland, Bosnia, Rwanda and Australia, the authors argue for an alternative approach to post-conflict thought. In so doing, they find inspiration in the vision of politics rendered by new pluralist, new realist, and especially agonistic political theory. Featuring contributions from both up and coming and well-established scholars this work is essential reading for all those with an interest in restorative justice, conflict resolution and peace studies.