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
3. Decolonization in Third and Fourth Worlds: Synergy, Solidarity and Sustainability through International Law
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
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
13. Conducting Research from an Indigenous Lens
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.