© 2017 – Routledge
226 pages | 1 B/W Illus.
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, so that it is liberated from its colonial origins?
With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.
1 Aboriginal nations, the Australian nation-state and Indigenous international legal traditions
2 Domination in relation to Indigenous (‘dominated’) Peoples in international law
3 The ‘natural’ Law of nations: society and the exclusion of First Nations as subjects of international law
4 Long before Munich: the American template for Hitlerian diplomacy
5 First Nations, Indigenous Peoples: our laws have always been here
5 Law and politics of Indigenous self-determination: the meaning of the right to prior consultation
7 How governments manufacture consent and use it against Indigenous Peoples
8 ‘Kill the Indian in the child’: genocide in international law
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