{"title":"Indigenous Peoples And The Law","description":null,"products":[{"product_id":"indigenous-peoples-in-the-international-arena-book-elsa-stamatopoulou-9781032734156","title":"Indigenous Peoples in the International Arena","description":"This book provides a definitive account of the creation and rise of the international Indigenous Peoples’ movement.  In the late 1970s, motivated by their dire situation and local struggles, and inspired by worldwide movements for social justice and decolonization, including the American civil rights movement, Indigenous Peoples around the world got together and began to organize at the international level. Although each defined itself by its relation to a unique land, culture, and often language, Indigenous Peoples from around the world made an extraordinary leap, using a common conceptual vocabulary and addressing international bodies that until then had barely recognized their existence. At the intersection of politics, law, and culture, this book documents the visionary emergence of the international Indigenous movement, detailing its challenges and achievements, including the historic recognition of Indigenous rights through the adoption of the UN Declaration on the Rights of Indigenous Peoples in 2007. The winning by Indigenous Peoples of an unprecedented kind and degree of international participation – especially at the United Nations, an institution centered on states – meant overcoming enormous institutional and political resistance. The book shows how this participation became an increasingly assertive self-expression and even an exercise of self-determination by which Indigenous Peoples could both benefit from and contribute to the international community overall – now, crucially, by sharing their knowledge about climate change, their approaches to development and well-being, and their struggles against the impact of extractive industries on their lands and resources.  Written by the former Chief of the Secretariat of the United Nations Permanent Forum on Indigenous Issues, this book will be of interest to researchers, teachers, students, advocates, practitioners, and others with interests in Indigenous legal and political issues.","brand":"WoB","offers":[{"title":"GB \/ NEW \/ GARDNERS","offer_id":49858230812945,"sku":"NGR9781032734156","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ NEW \/ INGRAM","offer_id":51017771122961,"sku":"NIN9781032734156","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52610924871953,"sku":"NLS9781032734156","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/1032734159.jpg?v=1750887221"},{"product_id":"literary-and-legal-genealogy-of-native-american-dispossession-book-george-pappas-9781138188723","title":"The Literary and Legal Genealogy of Native American Dispossession","description":"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), Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832), collectively known as the Marshall Trilogy, have formed the legal basis for the dispossession of indigenous populations throughout the Commonwealth. The Trilogy cases are usually approached as ‘pure’ legal judgments. This book maintains, however, that it was the literary and public discourses from the early sixteenth through to the early nineteenth centuries that established a discursive tradition which, in part, transformed the American Indians from owners to ‘mere occupants’ of their land. Exploring the literary genesis of Marshall’s judgments, George Pappas draws on the work of Michel Foucault, Edward Said and Homi Bhabha, to analyse how these formative U.S. Supreme Court rulings blurred the distinction between literature and law.","brand":"WoB","offers":[{"title":"US \/ GOOD \/ SBYB","offer_id":50377617146129,"sku":"CIN1138188727G","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52477722165521,"sku":"NLS9781138188723","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ NEW \/ INGRAM","offer_id":53036090720529,"sku":"NIN9781138188723","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/1138188727.jpg?v=1750791746"},{"product_id":"state-apologies-to-indigenous-peoples-book-francesca-dominello-9780367460310","title":"State Apologies to Indigenous Peoples","description":"This book considers the ethics and politics of state apologies made to Indigenous peoples.","brand":"WoB","offers":[{"title":"- \/ - \/ -","offer_id":50893119750417,"sku":"","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ GARDNERS","offer_id":50893120110865,"sku":"NGR9780367460310","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52521245212945,"sku":"NLS9780367460310","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0367460319.jpg?v=1751292271"},{"product_id":"indigenous-peoples-as-subjects-of-international-law-book-irene-watson-9780367180775","title":"Indigenous Peoples as Subjects of International Law","description":"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.","brand":"WoB","offers":[{"title":"- \/ - \/ -","offer_id":51001425199377,"sku":"","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ NEW \/ INGRAM","offer_id":51001426608401,"sku":"NIN9780367180775","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52476184985873,"sku":"NLS9780367180775","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0367180774.jpg?v=1754287432"},{"product_id":"indigenous-cultural-property-and-international-law-book-shea-elizabeth-esterling-9780367182007","title":"Indigenous Cultural Property and International Law","description":"Examining the restitution of cultural property to Indigenous Peoples in human rights law, this book offers a detailed analysis of the opportunities and constraints of international law as a tool of resistance and social transformation for marginalized groups.  In accordance with an increasing insistence on respect for diverse cultures, and through their own international mobilization, Indigenous Peoples have participated in the construction of a distinct human rights framework. Significant academic inquiry has focused on the substantive gains made by Indigenous Peoples in this context, along with its impact on a body of law that had previously denied Indigenous Peoples a basis for claims to their own cultural materials and practices. Accordingly, this book acknowledges that Indigenous Peoples, as non-state actors, have generated greater substantive and procedural legitimacy in human rights law making. Offering normative insights into the participation of non-state actors in international law making, however, it also demonstrates that, despite their significant role in constructing the legal framework of human rights in the 21st century, the participation of Indigenous Peoples continues to be structurally limited.  With its interdisciplinary approach to the field, this book will appeal to scholars and students in the fields of law, politics, anthropology and indigenous studies.","brand":"WoB","offers":[{"title":"- \/ - \/ -","offer_id":51001428181265,"sku":"","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ NEW \/ INGRAM","offer_id":51001430901009,"sku":"NIN9780367182007","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52126823710993,"sku":"NLS9780367182007","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0367182009.jpg?v=1750844981"},{"product_id":"indigenous-courts-self-determination-and-criminal-justice-book-valmaine-toki-9780367404420","title":"Indigenous Courts, Self-Determination and Criminal Justice","description":"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 figure is 60%. These statistics have, moreover, remained more or less the same for at least the past thirty years. With New Zealand as its focus, this book explores how the fact that Indigenous peoples are more likely than any other ethnic group to be apprehended, arrested, prosecuted, convicted and incarcerated, might be alleviated. Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions (including Australia, Canada, the United States of America), and also in the United Nations Declaration on the Rights of Indigenous Peoples, the book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior. More specifically, the book draws on contemporary notions of ‘therapeutic jurisprudence’ and ‘restorative justice’ in order to argue that such a court would offer an effective way to ameliorate the disproportionate incarceration of Indigenous peoples.","brand":"WoB","offers":[{"title":"- \/ - \/ -","offer_id":51001504006417,"sku":"","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ NEW \/ INGRAM","offer_id":51001506562321,"sku":"NIN9780367404420","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52531405685009,"sku":"NLS9780367404420","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0367404427.jpg?v=1751006991"},{"product_id":"indigenous-reconciliation-and-decolonization-book-ranjan-datta-9780367693978","title":"Indigenous Reconciliation and Decolonization","description":"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, integrate and promote Indigenous perspectives and communities. Taking Canada as its focus, this book offers a multidisciplinary consideration of a range of reconciliation policies, practices and initiatives that are relevant in all settler states. Set against its increasing neoliberal appropriation, the book resituates reconciliation in the everyday contexts of community interaction and engagement, as well as in the important areas of Indigenous knowledge, resource management and social and environmental justice. Reconciliation is not just the responsibility of law and government. And, attuned to the different perspectives of settlers, migrants and refugee communities, the book examines areas of opportunity, as well as obstacles to progress, in the forging of a truly decolonizing framework for reconciliation.   As the challenges of reconciliation cross numerous academic and substantial areas, this book will appeal to a range of scholars and practitioners working in law, politics, education, environmental studies, anthropology and Indigenous studies.","brand":"WoB","offers":[{"title":"- \/ - \/ -","offer_id":51001663324433,"sku":"","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ NEW \/ INGRAM","offer_id":51001665716497,"sku":"NIN9780367693978","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52483177152785,"sku":"NLS9780367693978","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0367693976.jpg?v=1751006078"},{"product_id":"decolonizing-law-book-sujith-xavier-9780367751883","title":"Decolonizing Law","description":"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, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism.   Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.","brand":"WoB","offers":[{"title":"US \/ NEW \/ INGRAM","offer_id":51001698189585,"sku":"NIN9780367751883","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ GOOD \/ SBYB","offer_id":51606031401233,"sku":"CIN0367751887G","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52476754592017,"sku":"NLS9780367751883","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0367751887.jpg?v=1750739752"},{"product_id":"indigenous-peoples-marine-space-and-resources-and-international-law-book-endalew-lijalem-enyew-9781032151595","title":"Indigenous Peoples, Marine Space and Resources, and International Law","description":"This book addresses the rights of indigenous peoples to marine space and associated marine resources under international law.  Examining the rights of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. The book addresses three main issues: 1) the extent to which international law recognizes and protects the rights of indigenous peoples in relation to marine space and marine resources; 2) if and how the law of the sea and international human rights law pertaining to the rights of indigenous peoples to marine space and marine resources interact; 3) whether and to what extent the law of the sea regime limits the capacity of coastal States to recognize and implement the rights of indigenous peoples relating to marine space and resources. In response, and in a context where indigenous marine rights are under increasing threat, the book develops an important critical theoretical and methodological approach which moves beyond the current doctrinal focus of much existing work in this area.  The book will appeal to academics, researchers, and practitioners in the areas of indigenous peoples and the law, international law, the law of the sea, and human rights.","brand":"WoB","offers":[{"title":"- \/ - \/ -","offer_id":51017528606993,"sku":"","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ NEW \/ INGRAM","offer_id":51017530671377,"sku":"NIN9781032151595","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52590326513937,"sku":"NLS9781032151595","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/1032151595.jpg?v=1750822110"},{"product_id":"scales-of-governance-and-indigenous-peoples-rights-book-irene-bellier-9781138944480","title":"Scales of Governance and Indigenous Peoples' Rights","description":"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 of a new era for Indigenous Peoples’ participation in global governance bodies, as well as for the realization of their rights – in particular, the right to self-determination. These rights are defined and agreed upon internationally, but must be enacted at regional, national, and local scales. Can the global movement to promote Indigenous Peoples’ rights change the experience of communities at the local level? Or are the concepts that it mobilizes, around rights and political tools, essentially a discourse circulating internationally, relatively disconnected from practical situations? Are the categories and processes associated with Indigenous Peoples simply an extension of colonial categories and processes, or do they challenge existing norms and structures? 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The book will be of interest to social scientists and legal scholars studying Indigenous Peoples’ rights, and international human rights movements in general.","brand":"WoB","offers":[{"title":"- \/ - \/ -","offer_id":51020269617425,"sku":"","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ NEW \/ INGRAM","offer_id":51020272206097,"sku":"NIN9781138944480","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52151084056849,"sku":"NLS9781138944480","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/1138944483.jpg?v=1751080419"},{"product_id":"criminal-convictions-in-u-s-tribal-law-book-andrew-novak-9781032558462","title":"Criminal Convictions in U.S. Tribal Law","description":"This book is the first comparative law study of collateral consequences of criminal conviction in all federally recognized Indian tribes in the lower 48 U.S. states, and the mechanisms for restoring civil rights in tribal law.  Surveying the constitutions, codes, and ordinances of tribal jurisdictions reveals a broad range of consequences – the impact of which has not been comprehensively and critically examined. Like state and federal jurisdictions, tribal law attaches thousands of legal disabilities to tribal offices, business licenses and permits, social services, and civil rights for persons with criminal convictions. This is especially true in economically important industries such as gaming and resource extraction; additionally, rapidly changing areas such as marijuana regulation and sex offender registries expand the scope still further. This book catalogues restoration of rights procedures in tribal law, to include pardons, expungements, and record sealing. Collateral consequences have proliferated in tribal law because of the limitations of tribal criminal jurisdiction, including over non-tribal members. However, tribal collateral consequences risk contributing to overcriminalization and social exclusion for persons with previous criminal convictions, especially as Native Americans are already disproportionately impacted by the U.S. criminal justice system.  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The colonial moment witnessed the expropriation of lands through their declaration as terra nullius and the designation of the people inhabiting them as persona nullius. Drawing on several exemplary situations - from Africa (the DRC and Nigeria), Asia (India), the Pacific region (Papua New Guinea and Australia) and South America (Ecuador) - Blood Minerals describes how colonial rule operates in a violent and destructive cycle of mineral extraction. It shows how the populations of the postcolonial global south are stripped of juridical personality and become persona nullius, as the legal-economic frameworks of globalization enact colonial rule by declaring the lands that are to be exploited as void of law. 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The Open Access version of this book, available at http:\/\/www.taylorfrancis.com, has been made available under a Creative Commons (CC-BY-NC-ND) 4.0 license.","brand":"WoB","offers":[{"title":"- \/ - \/ -","offer_id":51220480295185,"sku":"","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ NEW \/ INGRAM","offer_id":51220481540369,"sku":"NIN9781138645158","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52681473229073,"sku":"NLS9781138645158","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/113864515X.jpg?v=1754082885"},{"product_id":"indigenous-peoples-consent-and-rights-book-stephen-young-9781032085159","title":"Indigenous Peoples, Consent and Rights","description":"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 before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations (NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law – but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples’ rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples’ rights.     Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.","brand":"WoB","offers":[{"title":"- \/ - \/ -","offer_id":51223957700881,"sku":"","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ NEW \/ INGRAM","offer_id":51223959830801,"sku":"NIN9781032085159","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52425074966801,"sku":"NLS9781032085159","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/1032085150.jpg?v=1750950850"},{"product_id":"scales-of-governance-and-indigenous-peoples-rights-book-irene-bellier-9781032088525","title":"Scales of Governance and Indigenous Peoples' Rights","description":"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 of a new era for Indigenous Peoples’ participation in global governance bodies, as well as for the realization of their rights – in particular, the right to self-determination. These rights are defined and agreed upon internationally, but must be enacted at regional, national, and local scales. Can the global movement to promote Indigenous Peoples’ rights change the experience of communities at the local level? Or are the concepts that it mobilizes, around rights and political tools, essentially a discourse circulating internationally, relatively disconnected from practical situations? Are the categories and processes associated with Indigenous Peoples simply an extension of colonial categories and processes, or do they challenge existing norms and structures? 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Although each defined itself by its relation to a unique land, culture, and often language, Indigenous Peoples from around the world made an extraordinary leap, using a common conceptual vocabulary and addressing international bodies that until then had barely recognized their existence. At the intersection of politics, law, and culture, this book documents the visionary emergence of the international Indigenous movement, detailing its challenges and achievements, including the historic recognition of Indigenous rights through the adoption of the UN Declaration on the Rights of Indigenous Peoples in 2007. The winning by Indigenous Peoples of an unprecedented kind and degree of international participation – especially at the United Nations, an institution centered on states – meant overcoming enormous institutional and political resistance. 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