Hardback
April 20, 2010
9780774815604
English
272
9.00 Inches (US)
6.00 Inches (US)
1.2 Pounds (US)
$96.00 USD
v2.1 Reference

Aboriginal Title and Indigenous Peoples

Canada, Australia, and New Zealand

Edited by Louis A. Knafla
Delgamuukw. Mabo. Ngati Apa. These cases and others have in recent years created a framework for litigating Aboriginal title in countries such as Canada, Australia, and New Zealand. The contributors to this path-breaking book argue 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 settler colonies in a comparative and multidisciplinary framework.

Aboriginal Title and Indigenous Peoples brings together a distinguished group of scholars who trace how the doctrine of Aboriginal title evolved as indigenous peoples and their laws interacted with settlers and the legal systems that developed in these three common law countries. Part 1 reveals the historical role that legislatures and courts played in the extinguishment and acquisition of Aboriginal title and land. Part 2 shows that although each country’s development was distinctive, common issues and legal developments shaped - and continue to inform - indigenous peoples’ struggle for recognition of their rights.

These tightly integrated essays offer a perspective on Aboriginal title and land rights that extends beyond national borders to consider similar developments in common law countries. Students and scholars of law, history, Native studies, anthropology, and political science will welcome this book’s fresh insights and outlook.

About the Author

Louis 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.

Endorsements

"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."—Benjamin J. Richardson, Osgoode Hall Law School, York University

"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."—David V. Williams, Faculty of Law, University of Auckland

UBC Press

9780774815604 : aboriginal-title-and-indigenous-peoples-knafla
Hardback
272 Pages
$96.00 USD

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Fragile Settlements

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Aboriginal Title and Indigenous Peoples

edited by Louis A. Knafla, Haijo Westra
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