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The Rahui
This collection deals with an ancient institution in Eastern Polynesia called the rahui, a form of restricting access to resources and/or territories. While tapu had been extensively discussed in the scientific literature on Oceanian anthropology, the rahui is quite absent from secondary modern literature. This situation is all the more problematic because individual actors, societies, and states in the Pacific are readapting such concepts to their current needs, such as environment regulation or cultural legitimacy. This book assembles a comprehensive collection of current works on the rahui from a legal pluralism perspective. This study as a whole underlines the new assertion of identity that has flowed from the cultural dimension of the rahui. Today, rahui have become a means for indigenous communities to be fully recognised on a political level. Some indigenous communities choose to restore the rahui in order to preserve political control of their territory or, in some cases, to get it back. For the state, better control of the rahui represents a way of asserting its legitimacy and its sovereignty, in the face of this reassertion by indigenous communities.
Governance for Sustainability
This report is currently available in an electronic format only. To view the report and others published by the International Union for Conservation of Nature (IUCN), please visit IUCN's website. Governance for sustainability is defined as the set of written and unwritten rules that link ecological citizenship with institutions and norms of governance. It is a complex topic because it addresses the three issues of globalization, democracy and sustainability. No form of governance can succeed if there is no common bond between those who govern and those who are being governed. The real issue is whether the common good, that is, the sustainability of life, can be pursued through democratic forms of governance. This publication compiles information, evaluations and case studies to enable the reader to explore and reflect upon governance for sustainability.
Treaty of Waitangi Settlements
The settlement of iwi claims under the Treaty of Waitangi has drawn international attention, as other nations seek ways to build new relationships between indigenous peoples and the state. Here leading scholars consider the impact of Treaty settlements on the management and ownership of key resources (lands, forests and fisheries); they look at the economic and social consequences for Māori, and the impact of the settlement process on Crown–Māori relationships. And they ask ‘how successful has the settlement process been?'
Courts and the Environment
This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.
Māori Property Rights and the Foreshore and Seabed
Exploring an issue of international significance, this collection of essays addresses the reconciliation of the pre-existing, inherent rights of indigenous peoples with those held and asserted by the state. Focusing upon the Maori tribes of New Zealand, topics include the historical origins of the Ngati Apa decision--one of the most controversial modern decisions on Maori rights--how the Foreshore and Seabed Act (FSA) compares with schemes created in other countries with indigenous inhabitants, how the FSA has led to major changes in the country's political landscape, and how it stacks up against international human rights and environmental laws. This detailed study also explores New Zealand's legislation and how it has undermined the rights of Maori tribes, tipping the reconciliation process too far in favor of the state.
Transitional Justice in Established Democracies
Truth commissions, apologies, and reparations are just some of the transitional justice mechanisms embraced by established democracies. This groundbreaking exploration of political theory explains how these forms of state redress repair the damage state wrongdoing inflicts upon political legitimacy.
Sustainability through Participation?
Can—and should—participation be a means of achieving sustainability? The concepts of sustainability and participation are both in vogue, and many international, supranational and national legal texts and standards refer to these two concepts. However, there are still several unanswered questions that invite legal inquiry: which sustainability? Which kinds of participation? Participation by whom? How are the two concepts of sustainability and participation effectively interlinked in legal provisions? This book approaches the interconnection between sustainability and participation inductively and precisely in areas of law which are commonly associated with sustainability and sustainable development: national, European and international environmental and economic law.
The Waitangi Tribunal
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
Ecocriticism of the Global South
The vast majority of existing ecocritical studies, even those which espouse the “postcolonial ecocritical” perspective, operate within a first-world sensibility, speaking on behalf of subalternized human communities and degraded landscapes without actually eliciting the voices of the impacted communities. Ecocriticism of the Global South seeks to allow scholars from (or intimately familiar with) underrepresented regions to “write back” to the world’s centers of political and military and economic power, expressing views of the intersections of nature and culture from the perspective of developing countries. This approach highlights what activist and writer Vandana Shiva has describ...
Modern Literature and the Tragic
This book explores modern literature's responses to the tragic. It examines writers from the latter half of the nineteenth century through to the later twentieth century who respond to ideas about tragedy. Although Ibsen has been accused of being responsible for the 'death of tragedy', Ken Newton argues that Ibsen instead generates an anti-tragic perspective that had a major influence on dramatists such as Shaw and Brecht. By contrast, writers such as Hardy and Conrad, influenced by Schopenhauerean pessimism and Darwinism, attempt to modernise the concept of the tragic. Nietzsche's revisionist interpretation of the tragic influenced writers who either take pessimism or the 'Dionysian' commitment to life to an extreme, as in Strindberg and D. H. Lawrence. Different views emerge in the period following the second world war with the 'Theatre of the Absurd' and postmodern anti-foundationalism.
