Aboriginal Title and Indigenous Peoples

Aboriginal Title and Indigenous Peoples : Canada, Australia, and New Zealand

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Students and scholars of law, history, Native studies, anthropology, and political science will welcome this book's fresh insights and perspective.
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Product details

  • Paperback | 280 pages
  • 152 x 229 x 17.78mm | 420g
  • Vancouver, Canada
  • English
  • 0774815612
  • 9780774815611
  • 1,257,205

Table of contents

Introduction. "This Is Our Land": Aboriginal Title at Customary and Common Law in Comparative Contexts / Louis A. Knafla

Part 1: Sovereignty, Extinguishment, and Expropriation of Aboriginal Title

1 From the US Indian Claims Commission Cases to Delgamuukw: Facts, Theories, and Evidence in North American Land Claims / Arthur Ray

2 Social Theory, Expert Evidence, and the Yorta Yorta Rights Appeal Decision / Bruce Rigsby

3 Law's Infidelity to Its Past: The Failure to Recognize Indigenous Jurisdiction in Australia and Canada / David Yarrow

4 The Defence of Native Title and Dominion in Sixteenth-Century Mexico Compared with Delgamuukw / Haijo Westra

5 Beyond Aboriginal Title in Yukon: First Nations Land Registries / Brian Ballantyne

Part 2: Native Land, Litigation, and Indigenous Rights

6 The "Race" for Recognition: Toward a Policy of Recognition of Aboriginal Peoples in Canada / Paul L.A.H. Chartrand

7 The Sources and Content of Indigenous Land Rights in Australia and Canada: A Critical Comparison / Kent McNeil

8 Common Law, Statutory Law, and the Political Economy of the Recognition of Indigenous Australian Rights in Land / Nicolas Peterson

9 Claiming Native Title in the Foreshore and Seabed / Jacinta Ruru

10 Waterpower Developments and Native Water Rights Struggles in the North American West in the Early Twentieth Century: A View from Three Stoney Nakoda Cases / Kenichi Matsui

Conclusion. Power and Principle: State-Indigenous Relations across Time and Space / Peter W. Hutchins

Selected Bibliography; General Index; Index of Cases; Index of Statutes, Treaties, and Agreements
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Review quote

The book is a major contribution to the widespread controversies over how the contemporary state and minority peoples/nations within it can come to an enduring rapprochement...the editors and contributors have produced a volume that should be on the bookshelf of every serious scholar studying Aboriginal issues. -- Alan Cairns * BC Studies, Winter 2011 * This collection offers a welcome contribution to the growing literature on comparative Indigenous rights frameworks...it should help stimulate further thinking that crosses national and disciplinary borders while addressing issues of interest to the Great Plains. -- Dwight Newman, University of Saskatchewan * Great Plains Research, Vol 21, No 1 *
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About Louis A. Knafla

Louis A. Knafla is a professor emeritus of the Department of History and director of socio-legal studies at the University of Calgary. Haijo Westra is a professor of Greek and Roman studies at the University of Calgary.

Contributors: Brian Ballantyne, Paul L.A.H. Chartrand, Peter W. Hutchins, Kenichi Matsui, Kent McNeil, Nicolas Peterson, Arthur Ray, Bruce Rigsby, Jacinta Ruru, and David Yarrow
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