Aboriginal title and indigenous peoples : Canada, Australia, and New Zealand

Book

Aboriginal title and indigenous peoples : Canada, Australia, and New Zealand / edited by Louis A. Knafla and Haijo Westra.

Knafla, Louis A., 1935- (Added Author). Westra, Haijo Jan, 1947- (Added Author).

Summary:

"Delgamuukw. Mabo. Ngati Apa. These cases and others have in recent years created a framework for litigating Aboriginal title in countries such as Canada, Australia, and New Zealand. The contributors to this path-breaking book argue that our understanding of where the concept of Aboriginal title came from -- and where it may be going -- can also be enhanced by exploring legal developments in these former British settler colonies in a comparative and multidisciplinary framework.

Aboriginal Title and Indigenous Peoples brings together a distinguished group of scholars who trace how the doctrine of Aboriginal title evolved as indigenous peoples and their laws interacted with settlers and the legal systems that developed in these three common law countries. Part 1 reveals the historical role that legislatures and courts played in the extinguishment and acquisition of Aboriginal title and land. Part 2 shows that although each country's development was distinctive, common issues and legal developments shaped -- and continue to inform -- indigenous peoples' struggle for recognition of their rights."--Pub. desc.

Record details

ISBN: 9780774815604
ISBN: 0774815604
ISBN: 9780774815611
ISBN: 0774815612
Physical Description: vi, 267 pages ; 24 cm
Publisher: Vancouver : UBC Press, ©2010.

Content descriptions

Bibliography, etc. Note:: Includes bibliographical references (pages 230-248) and indexes.
Formatted Contents Note:: From the US Indian Claims Commission cases to Delgamuukw : facts, theories, and evidence in North American land claims / Arthur Ray -- Social theory, expert evidence, and the Yorta Yorta Rights Appeal Decision / Bruce Rigsby -- Law's infidelity to its past : the failure to recognize indigenous jurisdiction in Australia and Canada / David Yarrow -- The defence of Native title and dominion in sixteenth-century Mexico compared with Delgamuukw / Haijo Westra -- Beyond Aboriginal title in Yukon : First Nations Land Registries / Brian Babllantyne -- The "race" for recognition : toward a policy of recognition of Aboriginal peoples in Canada / Paul L.A.H. Chartrand -- The sources and content of Indigenous land rights in Australia and Canada : a critical comparison / Kent McNeil -- Common law, statutory law, and the political economy of the recognition of indigenous Australian rights in land / Nicolas Peterson -- Claiming native title in the foreshore and seabed / Jacinta Ruru -- 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.