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Socio-Legal Struggles for Indigenous Self-Determination in Latin America
This book is an interdisciplinary study of struggles for indigenous self-determination and the recognition of indigenous’ territorial rights in Latin America. Studies of indigenous peoples’ opposition to extractive industries have tended to focus on its economic, political or social aspects, as if these were discrete dimensions of the conflict. In contrast, this book offers a comprehensive and interdisciplinary understanding of the tensions between indigenous peoples’ territorial rights and the governance of extractive industries and related state developmental policies. Analysing the contentious process pushed by indigenous peoples for implementing pluri-nationality against extractive...
The Process of International Legal Reproduction
Radical international legal history of the expansionary project of statehood and its role in generating profound distributional inequalities
Indigenous Peoples as Subjects of International Law
For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.
Cross-Border Insolvency
This book examines the effect of the adoption of the United Nations Committee on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency in five common law jurisdictions, namely Australia, Canada, New Zealand, the United Kingdom, and the United States of America. It examines how each of those states has adopted, interpreted and applied the provisions of the Model Law, and highlights the effects of inconsistencies by examining jurisprudence in each of these countries, specifically how the Model Law affects existing principles of recognition of insolvency proceedings. The book examines how the UNCITRAL Guide to enactment of the Model Law has affected the interpretation of each of its articles and, in turn, the courts’ ability to interpret and hence give effect to the purposes of the Model Law. It also considers the ability of courts to refer to amendments made to the Guide after enactment of the Model Law in a state, thereby questioning whether the current inconsistencies in interpretation can be overcome by UNCITRAL amending the Guide.
Social Cohesion Contested
Oversimplification of the concept of social cohesion as a singularly identifiable marker of social growth has lead to obscured understanding of the nuances necessary for achievement of the term’s true potential. This book thus provides a critique of a popular concept and an example of engaged philosophical criticism of social research and policy.
The Oxford Handbook of International Law and Development
The Oxford Handbook of International Law and Development is a unique overview of the field of international law and development, examining how normative beliefs and assumptions around development are instantiated in law, and critically examining disciplinary frameworks, competing agendas, legal actors and institutions, and alternative futures.
The Making of Flawed Democracies in the Americas
This book strives to answer two interrelated questions: Why have certain states in the Americas been more successful than others at creating stable democratic regimes? Why have certain states in the Americas failed to create stable democratic regimes? To answer both questions, the author focuses on four states – the United States, Argentina, Chile, and Peru. Throughout the analysis, he isolates and evaluates the conditions that helped or hindered the development of each state and of its political regime. He presents his conclusions in the form of time-related explanatory hypotheses. By identifying and examining the conditions that brought about the transformation of each states and of its political regimes, this study ultimately facilitates a discussion of the future of democracy in each of these countries as well as in the world.
Rethinking Who We Are
Rethinking Who We Are takes a non-conventional approach to understanding human difference in Canada. Contributors to this volume critically re-examine Canadian identity by rethinking who we are and what we are becoming by scrutinizing the “totality” of difference. Included are analyses on the macro differences among Canadians, such as the disparities produced from unequal treatment under Canadian law, human rights legislation and health care. Contributors also explore the diversities that are often treated in a non-traditional manner on the bases of gender, class, sexuality, disAbility and Indigeniety. Finally, the ways in which difference is treated in Canada’s legal system, literature and the media are explored with an aim to challenge existing orthodoxy and push readers to critically examine their beliefs and ideas, particularly in an age where divisive, racist and xenophobic politics and attitudes are resurfacing.
Landscapes of Inequity
The natural wealth of the Amazon and Andes has long attracted fortune seekers, from explorers, farmers, and gold panners to multimillion-dollar mining, oil and gas, and timber operations. Modern demands for commodities have given rise to new development schemes, including hydroelectric dams, open cast mines, and industrial agricultural operations. The history of human habitation in this region is intimately tied to its rich biodiversity, and the Amazon basin is home to scores of indigenous groups, many of whom have populations so small that their cultural and physical survival is endangered. Landscapes of Inequity explores the debate over rights to and use of resources and addresses fundamen...
The Oxford Handbook of Global Justice
The Oxford Handbook of Global Justice explores an exciting area of refreshing, innovative new ideas for a changing world facing significant challenges.
