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Vol 23 No 2 Feb/March 2018

Book of the Month

Cover of The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

Edited by: Daniel Clarry
Price: £120.00

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Indigenous Peoples and the Law: Comparative and Critical Perspectives

Edited by: Benjamin Richardson, Shin Imai, Kent McNeil

ISBN13: 9781841137957
Published: March 2009
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £36.99

Low stock.

Indigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the US, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples.

The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples.

The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory.

Human Rights and Civil Liberties
1. Indigenous Peoples and the Law—Historical, Comparative and Contextual Issues
Benjamin J Richardson, Shin Imai, and Kent McNeil
Part 1: Sovereignty, Status and Self-Determination in Historical Perspective
2. Promise and Paradox: The Emergence of Indigenous Rights Law in Canada
Mark D Walters
3. The Dyadic Character of US Indian Law
Benjamin J Richardson
4. Australia: The White House with Lovely Dot Paintings whose Inhabitants have 'Moved on' from History?
Jennifer Clarke
5. The Ma–ori Encounter with Aotearoa: New Zealand's Legal System
Jacinta Ruru
6. The Inter-American System and the Rights of Indigenous Peoples: Human Rights and the Realist Model
James Hopkins
7. Indigenous Peoples and International Law and Policy
Claire Charters
Part 2: Contemporary Claims, Issues and Settlements
8. Indigenous Legal Theory: Some Initial Considerations
Gordon Christie
9. Aboriginal Discourse: Gender, Identity and Community
Val Napoleon
10. Judicial Treatment of Indigenous Land Rights in the Common Law World
Kent McNeil
11. Indigenous Self-Determination and the State
Shin Imai
12. Law of the Land—Recognition and Resurgence in Indigenous Law and Justice Systems
Christine Zuni Cruz
13. The Ties that Bind: Indigenous Peoples and Environmental Governance
Benjamin J Richardson
14. ADR Processes and Indigenous Rights: A Comparative Analysis of Australia, Canada and New Zealand
Michael Coyle
15. Physical Philosophy: Mobility and the Future of Indigenous Rights
John Borrows

Series: Osgoode Readers

Law in Transition: Human Rights, Development and Transitional Justice ISBN 9781509907380
Published July 2016
Hart Publishing
Law in Transition: Human Rights, Development and Transitional Justice ISBN 9781849465922
Published June 2014
Hart Publishing
£24.99 + £5.00 VAT
Environmental Law for Sustainability ISBN 9781841135441
Published March 2006
Hart Publishing