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The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.
Land, Indigenous Peoples and Conflict presents an original comparative study of indigenous land and property rights worldwide. The book explores how the ongoing constitutional, legal and political integration of indigenous peoples into contemporary society has impacted on indigenous institutions and structures for managing land and property. This book details some of the common problems experienced by indigenous peoples throughout the world, providing lessons and insights from conflict resolution that may find application in other conflicts including inter-state and civil and sectarian conflicts. An interdisciplinary group of contributors present specific case material from indigenous land c...
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This handbook brings together diverse perspectives, major topics, and multiple approaches to one of the biggest legal institutions in society: property. Property touches on many fundamental human questions. It involves decisions about power, economy, morality, work, and ecology. It also involves ideas about where humans fit in the world and how humans relate to more-than-human life. This book will ask in myriad ways such questions as: what property means, what kinds of property there are, what is and should be the relationship between owned and owner, and what is the impact of different forms of property on life in this world? Drawing on a range of socio-legal and empirical methodologies, renowned scholars and rising stars in property from around the world present current issues and map future directions in research. Coming from the place of law but reaching out through cognate disciplines, this handbook provides a comprehensive and accessible survey of current research at the interface of property, society, and the environment. This handbook will appeal to students and researchers across a range of disciplines, including law, sociology, geography, history, and economics.
This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.
Just prior to the federal election of 2007, the Australian government led by John Howard decreed the “Northern Territory National Emergency Response”, commonly known as the Intervention, officially in reaction to an investigation by the Northern Territory government into allegedly rampant sexual abuse and neglect of Indigenous children. The emergency laws authorised the Australian government to drastically intervene in the self-determination of Indigenous communities in contravention of the UN Declaration of Human Rights and of the Rights of Indigenous Peoples. Far from improving the living conditions of Indigenous Australians and children, the policies have resulted in disempowerment, w...
How is colonial history taught in schools? And how do education systems impact power relations between Indigenous people and settlers? This book provides a unique contribution to international discussions about knowledge production and the teaching of colonial history in schools with a comparative analysis of two neighboring settler-colonial societies of the South Pacific. Angélique Stastny argues that school systems in Australia and Kanaky/New Caledonia continue to enact British/Australian and French colonialism, respectively, by leveraging historical narratives that fail to comprehend and willfully ignore the mechanisms and contemporaneity of settler colonialism. Settler regimes of ignora...
This comprehensive Research Handbook interrogates and offers historical as well as contemporary understandings of property, property law and property theory. Chapters locate the role of property in key theoretical debates and examine propertyÕs place in significant social contexts, covering topics such as Indigenous property, artificial intelligence, cryptoassets, property and the art world, environmentalism and climate change.
Attracting many to the heart of northern Vermont each year are Morristown and its neighbors-Johnson, Wolcott, Elmore, Stowe, and Hyde Park. Morristown, seen as Lamoille County's economic engine, is an upbeat community with a rich history to which each of the surrounding towns has contributed. However, in the bustle of new growth and development, it often seems as if that history has been forgotten. Around Morristown is an invitation to relax and explore the Morristown of yesterday, a time when life was less hectic, when sprawl was not a concern, and when the Bijou Theatre had only one screen. Included among the early photographs of people and organizations, schools and churches, businesses and industries are the Randall Hotel, Governor Hendee, the Centennial Block, and Alexander Copley.
Planning is becoming one of the key battlegrounds for Indigenous people to negotiate meaningful articulation of their sovereign territorial and political rights, reigniting the essential tension that lies at the heart of Indigenous-settler relations. But what actually happens in the planning contact zone - when Indigenous demands for recognition of coexisting political authority over territory intersect with environmental and urban land-use planning systems in settler-colonial states? This book answers that question through a critical examination of planning contact zones in two settler-colonial states: Victoria, Australia and British Columbia, Canada. Comparing the experiences of four Indig...