The colonial modalities which resulted in the pillaging of the ‘New World’ involved wholesale dispossession, genocidal violence and exploitation of their original inhabitants. It was not, however, until the latter part of the twentieth century that Indigenous peoples attained some degree of legal recognition. This book series focuses upon the manner in which Indigenous peoples’ experiences of law have been transformed from an oppressive system of denying rights to a site of contestation and the articulation of various forms of self-governance. Encouraging a range of theoretical, political and ethical perspectives on Indigenous peoples and the law, this book series aims to provide a comprehensive survey of the experience of Indigenous peoples and their changing relationship with national and international juridical frameworks.
The series will include both monographs and edited collections pursuing variety a of perspectives – including, but not limited to, a concern with:
If you are interested in submitting a proposal for the series, please contact:
The University of British Columbia
2 Park Square
Socio-Legal Struggles for Indigenous Self-Determination in Latin America Reimagining the Nation, Reinventing the State
Reconciling Indigenous Peoples’ Individual and Collective Rights Participation, Prior Consultation and Self-Determination in Latin America
By Maria Salvatrice Randazzo
July 29, 2022
The book considers Australian First Nations constitutionalism by drawing on the chthonic constitutional traditions of three distinct Australian First Nations legal orders: the Warlpiri, Yolngu, and Pintupi legal orders, in the endeavour of identifying, via a comparative analysis, a core of ...
By Roger Merino
May 27, 2021
This book is an interdisciplinary study of struggles for indigenous self-determination and the recognition of indigenous’ territorial rights in Latin America. Studies of indigenous peoples’ opposition to extractive industries have tended to focus on its economic, political or social aspects, as if...
By Sujith Xavier, Beverley Jacobs, Valarie Waboose, Jeffery G. Hewitt, Amar Bhatia
May 25, 2021
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, ...
By Ranjan Datta
December 30, 2020
This book addresses the ethical and practical issues at stake in the reconciliation of Indigenous and non-indigenous communities. An increasing number of researchers, educators, and social and environmental activists are eager to find ways to effectively support ongoing attempts to recognize, ...
By Valmaine Toki
July 31, 2020
In New Zealand, as well as in Australia, Canada and other comparable jurisdictions, Indigenous peoples comprise a significantly disproportionate percentage of the prison population. For example, Maori, who comprise 15% of New Zealand’s population, make up 50% of its prisoners. For Maori women, the ...
By Mark Hickford, Carwyn Jones
November 28, 2019
Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand’s Treaty of Waitangi is a living, and historically rich, ...
By Stephen Young
November 21, 2019
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 Indigenous peoples’ consent ...
By Irene Bellier, Jennifer Hays
October 07, 2019
This book takes an interdisciplinary approach to the complicated power relations surrounding the recognition and implementation of Indigenous Peoples’ rights at multiple scales. The adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007 was heralded as the beginning ...
By Jessika Eichler
May 14, 2019
This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of ...
By Irene Watson
December 19, 2018
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 be reconstructed, ...
By Katie O'Bryan
October 23, 2018
In an era of climate change, the need to manage our water resources effectively for future generations has become an increasingly significant challenge. Indigenous management practices have been successfully used to manage inland water systems around the world for thousands of years, and Indigenous...
By George D Pappas
February 05, 2018
The Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases, Johnson v. M’Intosh (1823), ...