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Decolonizing Law
Indigenous, Third World and Settler Perspectives





ISBN 9781003161387
May 25, 2021 Forthcoming by Routledge
320 Pages 12 B/W Illustrations

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Book Description

This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law.

Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism.

Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.

Table of Contents

Introduction: Decolonizing Law in the Global North and South: Expanding the Circle

S. Xavier and J. Hewitt

Section 1: Challenging Limitations of Settler Colonialism 

1. Decolonizing Anishnaabe nibi inaakonigewin and gikendaasowin Research: Reinscribing Anishnaabe Approaches to Law and Knowledge

A. Craft, D. McGregor, R. Seymour & S. Chiblow 

2. Statehood, Canadian Sovereignty, and the Attempted Domestication of Indigenous Legal Relations

A. Bhatia 

3. Decolonization in Third and Fourth Worlds: Synergy, Solidarity and Sustainability through International Law 

Usha Natarajan

Section 2: Perspectives from the Global North & South

Part I – International 

4. Mastery and Gratitude: Development Aid & The Colonial Condition in Palestine

Reem Bahdi & Mudar Kassis 

5. Rethinking International Legal Education in Latin America (REDIAL): exploring some obstacles of a hegemonic colonial academic model in Chile and Colombia

P. Acosta Alvarado, A. Álvez Marín, L. Betancur-Restrepo, E. Prieto-Ríos, D. Rivas-Ramírez & F. Veçoso

Part II – Sites of Engagement 

6. Indigenous Peoples and Belo Monte Hydroelectric Plant: The mobilization of displaced Indigenous people in the urban area of Altamira 

Estella Libardi de Souza & Assis da Costa Oliveira 

7. Unearthing (De)colonial Legal Relations: Mining Law in Aotearoa New Zealand

Estair Van Wagner & Maria Bargh 

8. Comparative Law and Epistemnologies of Ignorance in Chilean Constitutional Adjudication: A Case Study

Amaya Alvez, Tatsuhiko Inatani & Marta Infantino 

9. Not Empty of Laws: Indigenous Legal Orders and the Canadian State

Mary Eberts 

10. The right to free, prior, and informed consent (FPIC): Reflections on experiences of two Indigenous communities in northern regions of Canada and Chile

Terry Mitchell, Courtney Arseneau, José Aylwin Oyarzún & Darren Thomas

Section 3: Decolonizing Through Indigenous Worldviews 

11. Decolonizing Corrections 

Beverley Jacobs, Yvonne Johnson and Joey Twins 

12. (Re)bundling nêhiyaw âskiy: nêhiyaw constitutionalism through land stories

Darcy Lindberg 

13. Conducting Research from an Indigenous Lens

Valarie Waboose

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Editor(s)

Biography

Sujith Xavier is Associate Professor at the Faculty of Law, University of Windsor, Canada.

Beverley Jacobs is Associate Professor and Associate Dean (Academic) at the Faculty of Law, University of Windsor, Canada.

Valarie Waboose is Assistant Professor at the Faculty of Law, University of Windsor, Canada.

Jeffery G. Hewitt is Assistant Professor at the Osgoode Hall Law School, York University, Canada.

Amar Bhatia is Associate Professor at the Osgoode Hall Law School, York University, Canada.