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Peacebuilding and the Rights of Indigenous Peoples
This book analyses efforts to advance the rights of Indigenous People within peace-building frameworks: Section I critically explores key issues concerning Indigenous Peoples’ Rights (struggles for land, human, cultural, civil, legal and constitutional rights) in connection with key approaches in peace-building (such as nonviolence, non-violent strategic action, peace education, sustainability, gender equality, cultures of peace, and environmental protection). Section II examines indigenous leaders and movements using peace and non-violent strategies, while Section III presents case studies on the successes and failures of peace perspectives regarding contributions to/ developments in/ advancement of/ barriers to the rights of Indigenous Peoples. Lastly, Section IV investigates what advances have been achieved in Universal Indigenous Peoples’ Rights in the 21st century within the context of sustainable peace.
Knowledge of Life
Knowledge of Life is a timely publication, which emphasises the importance of relationships between non-Indigenous and Aboriginal and Torres Strait Islander cultures. Led by accomplished academic, educator and author Kaye Price, the experienced author team provides students with a comprehensive guide to Aboriginal and Torres Strait Islander Australia.
Decolonising Peace and Conflict Studies through Indigenous Research
This book focuses on how Indigenous knowledge and methodologies can contribute towards the decolonisation of peace and conflict studies (PACS). It shows how Indigenous knowledge is essential to ensure that PACS research is relevant, respectful, accurate, and non-exploitative of Indigenous Peoples, in an effort to reposition Indigenous perspectives and contexts through Indigenous experiences, voices, and research processes, to provide balance to the power structures within this discipline. It includes critiques of ethnocentrism within PACS scholarship, and how both research areas can be brought together to challenge the violence of colonialism, and the colonialism of the institutions and structures within which decolonising researchers are working. Contributions in the book cover Indigenous research in Aotearoa, Australia, The Caribbean, Hawai'i, Israel, Mexico, Nigeria, Palestine, Philippines, Samoa, USA, and West Papua.
Developing Governance and Governing Development
Globally, far too many discussions about Indigenous governance and development are dominated by accounts of disadvantage, deficit and failure. This book paints a different international picture, testifying to Indigenous peoples as agents of governance innovation and successful developers in their own right, telling stories in their words, from their own experiences and countries. From Indigenous voices, we hear alternative concepts and measures of effectiveness, legitimacy, success and sustainability. Indigenous stories and voices are captured as case study chapters, written in lively, clear language about what is happening that is promising and productive in Indigenous self-determined governance for self-determined development in Canada, Australia, Aotearoa/New Zealand and the USA; all English colonial–settler countries.
Gender, Property and Politics in the Pacific
Legal scholars, economists, and international development practitioners often assume that the state is capable of 'securing' rights to land and addressing gender inequality in land tenure. In this innovative study of land tenure in Solomon Islands, Rebecca Monson challenges these assumptions. Monson demonstrates that territorial disputes have given rise to a legal system characterised by state law, custom, and Christianity, and that the legal construction and regulation of property has, in fact, deepened gender inequalities and other forms of social difference. These processes have concentrated formal land control in the hands of a small number of men leaders, and reproduced the state as a hypermasculine domain, with significant implications for public authority, political participation, and state formation. Drawing insights from legal scholarship and political ecology in particular, this book offers a significant study of gender and legal pluralism in the Pacific, illuminating ongoing global debates about gender inequality, land tenure, ethnoterritorial struggles and the post colonial state.
Decolonisation, Anti-Racism, and Legal Pedagogy
This book offers an international breadth of historical and theoretical insights into recent efforts to "decolonise" legal education across the world. With a specific focus on post- and decolonial thought and anti-racist methods in pedagogy, this edited collection provides an accessible illustration of pedagogical innovation in teaching and learning law. Chapters cover civil and common law legal systems, incorporate cases from non-state Indigenous legal systems, and critically examine key topics such as decolonisation and anti-racism in criminology, colonialism and the British Empire, and court process and Indigenous justice. The book demonstrates how teaching can be modified and adapted to address long-standing injustice in the curriculum. Offering a systematic collection of theoretical and practical examples of anti-racist and decolonial legal pedagogy, this volume will appeal to curriculum designers and law educators as well as to undergraduate and post-graduate law level teachers and researchers.
Allegiance and Identity in a Globalised World
Interrogating the concepts of allegiance and identity in a globalised world involves renewing our understanding of membership and participation within and beyond the nation-state. Allegiance can be used to define a singular national identity and common connection to a nation-state. In a global context, however, we need more dynamic conceptions to understand the importance of maintaining diversity and building allegiance with others outside borders. Understanding how allegiance and identity are being reconfigured today provides valuable insights into important contemporary debates around citizenship. This book reveals how public and international law understand allegiance and identity. Each involves viewing the nation-state as fundamental to concepts of allegiance and identity, but they also see the world slightly differently. With contributions from philosophers, political scientists and social psychologists, the result is a thorough appraisal of allegiance and identity in a range of socio-legal contexts.
Boundaries of Discourse in the International Court of Justice
How can Third World experiences of colonialism and statehood be expressed within the confines of the International Court of Justice? How has the discourse of international law developed to reflect postcolonial realities of ‘universal’ statehood? In a close and critical reading of four territorial disputes spanning the Arab World, Burgis explores the extent to which international law can be used to speak for and speak to non-European experiences of authority over territory. The book draws on recent, critical international legal scholarship to question the ability of contemporary, international adjudication to address Third World grievances from the past. A comparative analysis of the cases suggests that international law remains a discourse only capable of capturing a limited range of non-European experiences during and after colonialism.
Freedom of Religion Under Bills of Rights
"The Australian Constitution contains no guarantee of freedom of religion or freedom of conscience. Indeed, it contains very few provisions dealing with rights — in essence, it is a Constitution that confines itself mainly to prescribing a framework for federal government, setting out the various powers of government and limiting them as between federal and state governments and the three branches of government without attempting to define the rights of citizens except in minor respects. […] Whether Australia should have a national bill of rights has been a controversial issue for quite some time. This is despite the fact that Australia has acceded to the ICCPR, as well as the First Optional Protocol to the ICCPR, thereby accepting an international obligation to bring Australian law into line with the ICCPR, an obligation that Australia has not discharged. Australia is the only country in the Western world without a national bill of rights.4 The chapters that follow in this book debate the situation in Australia and in various other Western jurisdictions.' From Foreword by The Hon Sir Anthony Mason AC KBE: Human Rights and Courts
Advanced Introduction to Feminist Perspectives on Law
This Advanced Introduction overviews the ongoing struggle for gender equality since the nineteenth century. It considers how women have looked to law as a means of facilitating entry into the public sphere, including in higher education, work and professional life.
