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Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.
This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.
Rights to their traditional lands and resources are essential to the survival of indigenous peoples. This book analyzes the substance and procedure of the most advanced system of safeguarding these rights, developed in the Inter-American system of human rights protection.
A Canadian bestseller and winner of the 2016 Canadian Historical Association Aboriginal History Book Prize, Unsettling Canada is a landmark text built on a unique collaboration between two First Nations leaders. Arthur Manuel (1951–2017) was one of the most forceful advocates for Indigenous title and rights in Canada; Grand Chief Ron Derrickson, one of the most successful Indigenous businessmen in the country. Together, they bring a fresh perspective and bold new ideas to Canada’s most glaring piece of unfinished business: the place of Indigenous peoples within the country’s political and economic space. This vital second edition features a foreword by award-winning activist Naomi Klein and an all-new chapter co-authored by Law professor Nicole Schabus and Manuel’s daughter, Kanahus, honouring the multi-generational legacy of the Manuel family’s work.
This work offers an analysis of the Western formal system of private property and its moral justification and explains the relevance of the institution to particular current issues that face aboriginal peoples and the developing world. The subjects under study include broadly: aboriginal land claims; third world development; intellectual property rights and the relatively recent TRIPs agreement (Trade related Aspects of Intellectual Property Rights). Within these broad areas we highlight the following concerns: the maintenance of cultural integrity; group autonomy; economic benefit; access to health care; biodiversity; biopiracy and even the independence of the recently emerged third world nation states. Despite certain apparent advantages from embracing the Western institution of private ownership, the text explains that the Western institution of private property is undergoing a fundamental redefinition through the expansion.
By describing the fabric of relationships indigenous peoples weave with their environment, The Land Within attempts to define a more precise notion of indigenous territoriality. A large part of the work of titling the South American indigenous territories may now be completed but this book aims to demonstrate that, in addition to management, these territories involve many other complex aspects that must not be overlooked if the risk of losing these areas to settlers or extraction companies is to be avoided. Alexandre Surralls holds a doctorate in anthropology from the School for Higher Studies in Social Sciences and is a researcher on the staff of the National Centre for Scientific Research. Pedro Garca Hierro is a lawyer from Madrid Complutense University and the Pontifical Catholic University of Peru. He has worked with various indigenous organizations, on issues related to the identification and development of collective rights and the promotion of intercultural democratic reforms.
Colonial scholars have taken immense pleasure in portraying Africans as possessed by spirits but as lacking possession and ownership of their resources, including land. Erroneously deemed to be thoroughly spiritually possessed but lacking senses of material possession and ownership of resources, Africans have been consistently dispossessed and displaced from the era of enslavement, through colonialism, to the neocolonial era. Delving into the historiography of dispossession and displacement on the continent of Africa, and in particular in Zimbabwe, this book also tackles contemporary forms of dispossession and displacement manifesting in the ongoing transnational corporations land grabs in Africa, wherein African peasants continue to be dispossessed and displaced. Focusing on the topical issues around dispossession and repossession of land, and the attendant displacements in contemporary Zimbabwe, the book theorises displacements from a decolonial Pan-Africanist perspective and it also unpacks various forms of displacements – corporeal, noncorporeal, cognitive, spiritual, genealogical and linguistic displacements, among others. The book is an excellent read for scholars from a variety of disciplines such as Geography, Sociology, Social Anthropology, History, Linguistics, Development Studies, Science and technology Studies, Jurisprudence and Social Theory, Law and Philosophy. The book also offers intellectual grit for policy makers and implementers, civil society organisations including activists as well as thinkers interested in decolonisation and transformation.
From Mandan, Hidatsa, and Arikara lands in South Dakota; to Cherokee lands in Tennessee; to Sin-Aikst, Lakes, and Colville lands in Washington; to Chemehuevi lands in Arizona; to Maidu, Pit River, and Wintu lands in northern California, Native lands and communities have been treated as sacrifice zones for national priorities of irrigation, flood control, and hydroelectric development. Upstream documents the significance of the Allotment Era to a long and ongoing history of cultural and community disruption. It also details Indigenous resistance to both hydropower and disruptive conservation efforts. With a focus on northeastern California, this book highlights points of intervention to increase justice for Indigenous peoples in contemporary natural resource policy making. Author Beth Rose Middleton Manning relates the history behind the nation’s largest state-built water and power conveyance system, California’s State Water Project, with a focus on Indigenous resistance and activism. She illustrates how Indigenous history should inform contemporary conservation measures and reveals institutionalized injustices in natural resource planning and the persistent need for advocacy for Indigenous restitution and recognition. Upstream uses a multidisciplinary and multitemporal approach, weaving together compelling stories with a study of placemaking and land development. It offers a vision of policy reform that will lead to improved Indigenous futures at sites of Indigenous land and water divestiture around the nation.
Sponsored by the American Real Estate Society (ARES), Indigenous Peoples and Real Estate Valuation addresses a wide variety of timely issues relating to property ownership, rights, and use, including: ancestral burial, historical record of occupancy, treaty implementation problems, eminent domain, the effects of large governmental change, financing projects under formal and informal title or deed document systems, exclusive ownership vs. non-exclusive use rights, public land ownership, tribal or family land claims, insurgency and war, legal systems of ownership, prior government expropriation of lands, moral obligation to indigenous peoples, colonial occupation, and common land leases. These issues can also be broadly grouped into topics, such as conflict between indigenous and western property rights, communal land ownership, land transfer by force, legacy issues related to past colonization and apartheid, and metaphysical/indigenous land value.