Indigenous Peoples and the State : International Perspectives on the Treaty of Waitangi book cover
1st Edition

Indigenous Peoples and the State
International Perspectives on the Treaty of Waitangi

ISBN 9780367895440
Published November 28, 2019 by Routledge
214 Pages

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Book Description

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, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.

Table of Contents


Notes of Contributors

  1. Introduction

Carwyn Jones and Mark Hickford

Part One: Foundations of Indigenous/State Relationships

  1. Māori and State Visions of Law and Peace
  2. Carwyn Jones

  3. Origin Stories and the Law: Treaty Metaphysics in Canada and New Zealand
  4. John Borrows

  5. Originalism and the Constitutional Canon of Aotearoa New Zealand
  6. David V Williams

    Part Two: Giving Meaning to the Treaty Through Time

  7. The Treaty of Waitangi in Historical Context
  8. Saliha Belmessous

  9. Towards a Post-Foundational History of the Treaty
  10. Bain Attwood

  11. The Failing Modern Jurisprudence of the Treaty of Waitangi
  12. Jacinta Ruru

    Part Three: Diverse Sites of the Treaty Relationship

  13. ‘Ko te mana tuatoru, ko te mana motuhake’
  14. Rawinia Higgins

  15. Reflecting on the Treaty of Waitangi and its Constitutional Dimensions: A Case for a Research Agenda
  16. Mark Hickford

  17. Future Contexts for Treaty Interpretation
  18. Natalie Coates

  19. ‘He rangi tā Matawhāiti, he rangi tā Matawhānui’: Looking towards 2040

Māmari Stephens



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Mark Hickford, Pro Vice-Chancellor and Dean of Law, Victoria University of Wellington

Carwyn Jones, Senior Lecturer, Faculty of Law, Victoria University of Wellington