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Waitangi Indigenous Rights

Waitangi   Indigenous Rights Author F. M. Brookfield
ISBN-10 9781775582366
Release 2007-04-01
Pages 284
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This landmark study examines issues surrounding New Zealand’s Treaty of Waitangi, focusing on recent Fiji revolutions and indigenous customary rights to the seabed and foreshore. In this revised edition, the author approaches these complex and controversial matters with a careful, thorough, and principled approach while dealing with the broad constitutional issues and responding to comments made by other scholars. This study will serve as an essential tool for those working in the area and for those engaged in this contemporary debate.



Indigenous Peoples and the State

Indigenous Peoples and the State Author Mark Hickford
ISBN-10 9781351240352
Release 2018-07-04
Pages 206
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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.



The Waitangi Tribunal

The Waitangi Tribunal Author Janine Hayward
ISBN-10 9781877242625
Release 2016-09-26
Pages 296
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The Waitangi Tribunal sits at the heart of the Treaty settlement process, with a unique remit to investigate claims and recommend settlements. But although the claims process has been hugely controversial, little has been written about the Tribunal itself. These essays, by leading academics, lawyers and researchers, successfully fill that gap, examining the Tribunal’s role in reshaping Māori identity and society, the Tribunal’s future mission, and its contribution to ideas of justice and reparation. This perceptive analysis of a key institution is vital reading for anyone seeking to understand Treaty settlements. Contributors: Paul Hamer Geoff Melvin Grant Phillipson Richard Boast Tom Bennion Stephanie Milroy Jacinta Ruru Deborah Edmunds John Dawson Richard Price Debra Fletcher Evan Te Ahu Poata-Smith Donna Hall Andrew Sharp



Global Indigenous Politics

Global Indigenous Politics Author Sheryl Lightfoot
ISBN-10 9781317367796
Release 2016-05-20
Pages 264
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This book examines how Indigenous peoples’ rights and Indigenous rights movements represent an important and often overlooked shift in international politics - a shift that powerful states are actively resisting in a multitude of ways. While Indigenous peoples are often dismissed as marginal non-state actors, this book argues that far from insignificant, global Indigenous politics is potentially forging major changes in the international system, as the implementation of Indigenous peoples’ rights requires a complete re-thinking and re-ordering of sovereignty, territoriality, liberalism, and human rights. After thirty years of intense effort, the transnational Indigenous rights movement achieved passage of the UN Declaration on the Rights of Indigenous Peoples in September 2007. This book asks: Why did movement need to fight so hard to secure passage of a bare minimum standard on Indigenous rights? Why is it that certain states are so threatened by an emerging international Indigenous rights regime? How does the emerging Indigenous rights regime change the international status quo? The questions are addressed by exploring how Indigenous politics at the global level compels a new direction of thought in IR by challenging some of its fundamental tenets. It is argued that global Indigenous politics is a perspective of IR that, with the recognition of Indigenous peoples’ collective rights to land and self-determination, complicates the structure of international politics in new and important ways, challenging both Westphalian notions of state sovereignty and the (neo-)liberal foundations of states and the international human rights consensus. Qualitative case studies of Canadian and New Zealand Indigenous rights, based on original field research, analyse both the potential and the limits of these challenges. This work will be of interest to graduates and scholars in international relations, Indigenous studies, international organizations, IR theory and social movements.



The Rights Revolution

The Rights Revolution Author Michael Ignatieff
ISBN-10 9780887848926
Release 2008-12-01
Pages 192
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With an updated preface by the author. Since the proclamation of the Universal Declaration of Human Rights in 1948, rights have become the dominant language of the public good around the globe. Indeed, rights have become the trump card in every argument. Long-standing fights for aboriginal rights, the issue of preserving the linguistic heritage of minorities, and same-sex marriage have steered our society into a full-blown rights revolution. This revolution is not only deeply controversial in North America, but is being watched around the world. Are group rights jeopardizing individual rights? When everyone asserts their rights, what happens to responsibilities? Can families survive and prosper when each member has rights? Is rights language empowering individuals while weakening community? Michael Ignatieff confronts these controversial questions head-on in The Rights Revolution, defending the supposed individualism of rights language against all comers. For Ignatieff, believing in rights means believing in politics, believing in deliberation rather than confrontation, compromise rather than violence.



Negotiating Claims

Negotiating Claims Author Christa Scholtz
ISBN-10 9781135507206
Release 2013-10-14
Pages 268
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Why do governments choose to negotiate indigenous land claims rather than resolve claims through some other means? In this book Scholtz explores why a government would choose to implement a negotiation policy, where it commits itself to a long-run strategy of negotiation over a number of claims and over a significant course of time. Through an examination strongly grounded in archival research of post-World War Two government decision-making in four established democracies - Australia, Canada, New Zealand, and the United States - Scholtz argues that negotiation policies emerge when indigenous people mobilize politically prior to significant judicial determinations on land rights, and not after judicial change alone. Negotiating Claims links collective action and judicial change to explain the emergence of new policy institutions.



The Organic Globalizer

The Organic Globalizer Author Christopher Malone
ISBN-10 9781628920086
Release 2014-11-20
Pages 304
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The Organic Globalizer is a collection of critical essays which takes the position that hip-hop holds political significance through an understanding of its ability to at once raise cultural awareness, expand civil society's focus on social and economic justice through institution building, and engage in political activism and participation. Collectively, the essays assert hip hop's importance as an "organic globalizer:†? no matter its pervasiveness or reach around the world, hip-hop ultimately remains a grassroots phenomenon that is born of the community from which it permeates. Hip hop, then, holds promise through three separate but related avenues: (1) through cultural awareness and identification/recognition of voices of marginalized communities through music and art; (2) through social creation and the institutionalization of independent alternative institutions and non-profit organizations in civil society geared toward social and economic justice; and (3) through political activism and participation in which demands are articulated and made on the state. With editorial bridges between chapters and an emphasis on interdisciplinary and diverse perspectives, The Organic Globalizer is the natural scholarly evolution in the conversation about hip-hop and politics.



Indigenous Sovereignty and the Democratic Project

Indigenous Sovereignty and the Democratic Project Author Steven Curry
ISBN-10 0754623408
Release 2004-01
Pages 182
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This book is concerned with the contrast between indigenous claims based on pre-contract rights to land, resources and, crucially, self-government, and the sovereign prerogatives claimed by liberal-democratic settler states. It is based on a number of key events in the political struggles of indigenous minorities in Australia, Canada, New Zealand and the United States and is written to appeal to lawyers and jurists, particularly those working in Native Title law, philosophers, culture theorists and critical legal theorists.



Political Theory and the Rights of Indigenous Peoples

Political Theory and the Rights of Indigenous Peoples Author Duncan Ivison
ISBN-10 0521779375
Release 2000-10-12
Pages 323
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This 2001 book focuses on the problem of justice for indigenous peoples and the ways in which this poses key questions for political theory: the nature of sovereignty, the grounds of national identity and the limits of democratic theory. It includes chapters by leading political theorists and indigenous scholars from Australia, Aotearoa/New Zealand, Canada and the United States. One of the strengths of this book is the manner in which it shows how the different historical circumstances of colonization in these countries nevertheless raise common problems and questions for political theory. It examines ways in which political theory has contributed to the past subjugation and continuing disadvantage faced by indigenous peoples, while also seeking to identify resources in contemporary political thought that can assist the 'decolonisation' of relations between indigenous and non-indigenous peoples.



The Newcastle law review

The Newcastle law review Author
ISBN-10 UCAL:B5155657
Release 2001
Pages
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The Newcastle law review has been writing in one form or another for most of life. You can find so many inspiration from The Newcastle law review also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Newcastle law review book for free.



Litigating Rights

Litigating Rights Author Grant Huscroft
ISBN-10 9781841131948
Release 2002
Pages 354
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How are rights and freedoms best protected? The American model of constitutional protection and judicial review has been adopted in a number of countries,most recently in the United Kingdom. Increasingly, rights are the province of the judiciary. But how much judicial review do we need? How do we resolve conflicts between liberty, equality, and democracy? What are group rights, and how strong is their claim to protection? What guidance can the decisions of the UN Human Rights Committee provide? These are some of the questions discussed in this collection of essays, which explores a range of contemporary issues in jurisdictions including the United States, Canada, New Zealand, and the United Kingdom. Contributors include Justice Antonin Scalia of the United States Supreme Court, Justice Ian Binnie of the Supreme Court of Canada, Justice Eddie Durie of the High Court of New Zealand; James Allan, Andrew Butler, Hilary Charlesworth, Scott Davidson, Elizabeth Evatt, Murray Hunt, Andrew Sharpe, and Jeremy Waldron.



A Show of Justice

A Show of Justice Author Alan Ward
ISBN-10 UOM:39015008649124
Release 1974
Pages 382
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A Show of Justice has been writing in one form or another for most of life. You can find so many inspiration from A Show of Justice also informative, and entertaining. Click DOWNLOAD or Read Online button to get full A Show of Justice book for free.



Tackling the Unconstitutional Overthrow of Democracies

Tackling the Unconstitutional Overthrow of Democracies Author John Hatchard
ISBN-10 0850927218
Release 2003-01-01
Pages 212
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There is a rich history of case law within the Commonwealth where there have been legal challenges to the unconstitutional overthrow of governments. These cases and a commentary on them are set out in this publication. It critically examines the evolution of judicial decisions on the subject. In doing so, it also evaluates jurisprudential theories underpinning these judgements.The position of the Commonwealth is set out, especially its strong stance against the unconstitutional overthrow of governments. Consideration is given to possible constitutional provision which would reinforce democracy and offer protection to citizens against the unconstitutional overthrow of governments.



Parihaka

Parihaka Author Te Miringa Hohaia
ISBN-10 0864735200
Release 2006-04-01
Pages 232
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"Drawing on previously unpublished manuscripts, many of the teachings and sayings of Te Whiti and Tohu - in Maori and English - are reproduced in full with extensive annotation by Te Miringa Hohaia. Parihaka: The Art of Passive Resistance reaches beyond the art and literary worlds to engage with cultural issues important to all citizens of Aotearoa New Zealand."--Jacket.



Justice and the M ori

Justice and the M  ori Author Andrew Sharp
ISBN-10 UOM:39015024968417
Release 1990
Pages 310
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This study surveys the recent history of New Zealand's debate about what constitutes justice for the Maori people, who, aboriginal and still deeply affected by colonization and modernization, comprise about ten percent of the nation's population. Surveying concepts of justice, Sharp defines the scope and limits of each, and argues that justice is not the only political virtue extant.



The Right of Conquest

The Right of Conquest Author Sharon Korman
ISBN-10 9780191583803
Release 1996-10-31
Pages 352
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This is an enquiry into the place of the right of conquest in international relations since the early sixteenth century, and the causes and consequences of its demise in the twentieth century. It was a recognized principle of international law until the early years of this century that a state that emerges victorious in a war is entitled to claim sovereignty over territory which it has taken possession. Sharon Korman shows how the First World War - which led to the rise of self-determination and to calls for the prohibition of way - prompted the reconstruction of international law and the consequent abolition of the title by conquest. Her conclusion, which highlights the merits and defects of the modern law as a vehicle for discouraging war by denying the title to the conqueror, challenges many of the assumptions that have come to constitute part of the conventional wisdom of our times. This is a study, not of international law narrowly conceived, but of the place of a changing legal principle in international history and the contemporary world.



Indigenous Data Sovereignty

Indigenous Data Sovereignty Author Tahu Kukutai
ISBN-10 9781760460310
Release 2016-11-14
Pages 318
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As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines