This volume explores the manners in which Indigenous peoples’ experiences of the law has and is being transformed from an oppressive system of denying rights to the site of contestation and articulation of claims. The book provides a comprehensive survey of the experience of Indigenous peoples and their changing relationship with national and international juridical frameworks. The contributors all of whom are renowned experts in the field discuss topics including: legal identities and recognition; sovereignty and self-determination; Indigenous claims and international law; and Indigenous customary law and knowledge.
Rather than focusing upon one regional or national grouping, the book includes studies of Indigenous Peoples’ experiences of the law in Latin America, North America, Oceania, Africa and Asia. It provides an original analysis of Indigenous peoples’ encounters with the law at both the national and international levels. The breadth and scholarship of this book makes it an essential reference work for students, scholars and practitioners working in the field.
Part 1: Origins and Structures & Jurisprudence in relation to Indigenous Peoples 1. The origins of dispossession 2. The jurisprudence of dispossession Part 2: Jurisprudence and Indigenous Peoples 3. Legal identities and recognition 4. Indigenous (Aboriginal) title and the land 5. Framing Indigenous rights Part 3: Land and Resistance 6. Indigenous perspectives on sovereignty 7. Developing an Indigenous jurisprudence 8. Challenging State and MNC appropriation of Indigenous lands and resources 9. Taking the global stage Part 4: Self Determination and Sovereignty 10. Sovereignty claims and the nation-state 11. Indigenous self-determination and autonomy12. Indigenous claims and international law Part 5: Indigenous Knowledges 13. Indigenous customary law and knowledge 14. Intellectual property and the protection of traditional knowledge 15. Indigenous cultural heritage 16. Indigenous religion and language rights Part 6: Social Justice 17. Indigenous peoples and the criminal justice system 18. Resource usage and Indigenous peoples 19. Environment, climate change and Indigenous Peoples 20. The intersectionality of gender, Indigeneity and the law Part 7: Remedies and Recognition 21. Treaties and Negotiated Agreements 22. Reparations for Historical Injustices 23. Processes of Reconciliation 24. International Institutions and Agreements