This book takes up the postcolonial challenge for law and explains how the problems of legal recognition for Indigenous peoples are tied to an orthodox theory of law. Constructing a theory of legal pluralism that is both critical of law's epistemological and ontological presuppo…
This book takes up the postcolonial challenge for law and explains how the problems of legal recognition for Indigenous peoples are tied to an orthodox theory of law. Constructing a theory of legal pluralism that is both critical of law's epistemological and ontological presuppo…
North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. This book analyzes how this doctrine was used to gain control over the indigenous peoples, and how this control continues t…
Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigeno…
Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigeno…
"Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigen…
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 l…
"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 la…
Aboriginal nations, the Australian nation-state and indigenous international legal traditions / Ambellin Kwaymullina -- Domination in relation to indigenous ("dominated") peoples in international law / Steven Newcomb -- Natural law and the law of nations : "society" and the excl…
La 4e de couverture indique : "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 volum…
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…