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OverviewDelgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. This book brings together distinguished scholars who show that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. Contributors trace the role that courts and legislatures played in the extinguishment and acquisition of Aboriginal title and land. They then establish that although each country’s development was distinctive, common issues shaped – and continue to inform – indigenous peoples’ struggle for recognition. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries. Full Product DetailsAuthor: Louis A. Knafla , Haijo WestraPublisher: University of British Columbia Press Imprint: University of British Columbia Press Dimensions: Width: 15.20cm , Height: 1.80cm , Length: 22.90cm Weight: 0.420kg ISBN: 9780774815611ISBN 10: 0774815612 Pages: 280 Publication Date: 01 January 2011 Audience: College/higher education , Professional and scholarly , Undergraduate , Postgraduate, Research & Scholarly Format: Paperback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsIntroduction. “This Is Our Land”: Aboriginal Title at Customary and Common Law in Comparative Contexts / Louis A. Knafla Part 1: Sovereignty, Extinguishment, and Expropriation of Aboriginal Title 1 From the US Indian Claims Commission Cases to Delgamuukw: Facts, Theories, and Evidence in North American Land Claims / Arthur Ray 2 Social Theory, Expert Evidence, and the Yorta Yorta Rights Appeal Decision / Bruce Rigsby 3 Law’s Infidelity to Its Past: The Failure to Recognize Indigenous Jurisdiction in Australia and Canada / David Yarrow 4 The Defence of Native Title and Dominion in Sixteenth-Century Mexico Compared with Delgamuukw / Haijo Westra 5 Beyond Aboriginal Title in Yukon: First Nations Land Registries / Brian Ballantyne Part 2: Native Land, Litigation, and Indigenous Rights 6 The “Race” for Recognition: Toward a Policy of Recognition of Aboriginal Peoples in Canada / Paul L.A.H. Chartrand 7 The Sources and Content of Indigenous Land Rights in Australia and Canada: A Critical Comparison / Kent McNeil 8 Common Law, Statutory Law, and the Political Economy of the Recognition of Indigenous Australian Rights in Land / Nicolas Peterson 9 Claiming Native Title in the Foreshore and Seabed / Jacinta Ruru 10 Waterpower Developments and Native Water Rights Struggles in the North American West in the Early Twentieth Century: A View from Three Stoney Nakoda Cases / Kenichi Matsui Conclusion. Power and Principle: State-Indigenous Relations across Time and Space / Peter W. Hutchins Selected Bibliography; General Index; Index of Cases; Index of Statutes, Treaties, and AgreementsReviewsThe book is a major contribution to the widespread controversies over how the contemporary state and minority peoples/nations within it can come to an enduring rapprochement...the editors and contributors have produced a volume that should be on the bookshelf of every serious scholar studying Aboriginal issues. -- Alan Cairns BC Studies, Winter 2011 This collection offers a welcome contribution to the growing literature on comparative Indigenous rights frameworks...it should help stimulate further thinking that crosses national and disciplinary borders while addressing issues of interest to the Great Plains. -- Dwight Newman, University of Saskatchewan Great Plains Research, Vol 21, No 1 This book enriches the literature, which is not greatly endowed with comparative scholarship on indigenous rights, and it will help scholars, policy makers, students, and indigenous groups to better appreciate both historical and recent legal developments in common law jurisdictions.<br>- Benjamin J. Richardson, Osgoode Hall Law School, York University<br><br>This book makes a significant original contribution to its field ... If Commonwealth countries like Canada, Australia, and New Zealand cannot find better forms of accommodation between indigenous peoples and governments, then they will remain badly flawed democracies.<br>- David V. Williams, Faculty of Law, University of Auckland Author InformationLouis A. Knafla is a professor emeritus of the Department of History and director of socio-legal studies at the University of Calgary. Haijo Westra is a professor of Greek and Roman studies at the University of Calgary. Contributors: Brian Ballantyne, Paul L.A.H. Chartrand, Peter W. Hutchins, Kenichi Matsui, Kent McNeil, Nicolas Peterson, Arthur Ray, Bruce Rigsby, Jacinta Ruru, and David Yarrow Tab Content 6Author Website:Countries AvailableAll regions |
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