Indigenous Peoples and the State: International Perspectives on the Treaty of Waitangi

ISBN-13: 9780367026196 / Angielski / Miękka / 2020 / 214 str.

Mark Hickford;Carwyn Jones

Opis

Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand's Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.

Spis treści

TABLE OF CONTENTS

Notes of Contributors

1. Introduction

Carwyn Jones and Mark Hickford

Part One: Foundations of Indigenous/State Relationships

1. Māori and State Visions of Law and Peace

Carwyn Jones

2. Origin Stories and the Law: Treaty Metaphysics in Canada and New Zealand

John Borrows

3. Originalism and the Constitutional Canon of Aotearoa New Zealand

David V Williams

Part Two: Giving Meaning to the Treaty Through Time

4. The Treaty of Waitangi in Historical Context

Saliha Belmessous

5. Towards a Post-Foundational History of the Treaty

Bain Attwood

6. The Failing Modern Jurisprudence of the Treaty of Waitangi

Jacinta Ruru

Part Three: Diverse Sites of the Treaty Relationship

7. ‘Ko te mana tuatoru, ko te mana motuhake’

Rawinia Higgins

8. Reflecting on the Treaty of Waitangi and its Constitutional Dimensions: A Case for a Research Agenda

Mark Hickford

9. Future Contexts for Treaty Interpretation

Natalie Coates

10. ‘He rangi tā Matawhāiti, he rangi tā Matawhānui’: Looking towards 2040

Māmari Stephens

Glossary

Index

O autorze

Mark Hickford, Pro Vice-Chancellor and Dean of Law, Victoria University of Wellington

Carwyn Jones, Senior Lecturer, Faculty of Law, Victoria University of Wellington