Original Nation Approaches to Inter-National Law: The Quest for the Rights of Indigenous Peoples and Nature in the Age of Anthropocene

ISBN-13: 9783030592752 / Angielski / Miękka / 2022 / 394 str.

Hiroshi Fukurai; Richard Krooth

Spis treści

Chapter 1. Introduction: The Original Nation Scholarship. - Chapter 2. The Nation and the State. - Chapter 3. The Conflict Between the Nation and the State. - Chapter 4. Original Nation Approaches to “Inter-National” Law (ONAIL): Definitive Dimensions of Ecologically-Centered “Inter-National” Legal Discourses. - Chapter 5. The Lakota Nation’s Search for Independence: The Nation of Lakota versus the State of “The United States of America” and the Constitutional Amendments for National Liberation. - Chapter 6. Earth Jurisprudence, The Rights of Nature, and International Rights of Nature Tribunals. - Chapter 7. The Original Nation’s Path to Recognition Under International Law: The Sovereignty-Making of Zapatista, Cherán, and Neuquén. - Chapter 8. Conclusion: The Future of the Original Nation and the Global Nation in the Age of Anthropocene

O autorze

Hiroshi Fukurai is Professor of Legal Studies and Sociology at the University of California, Santa Cruz, USA, and is the Immediate-Past President of the Asian Law and Society Association (ALSA). He is specialized in lay adjudication, indigenous approaches to international law, and Asian law and politics. His books include Japan and Civil Jury Trials: The Convergence of Forces (2015); East Asia’s Renewed Respect for the Rule of Law in the 21^st Century (2015); Race in the Jury Box (2003); Anatomy of the McMartin Child Molestation Case (2001); and Race and the Jury: Racial Disenfranchisement and the Search for Justice (1993, Gustavus Meyers Human Rights Award).

Richard Krooth is a practicing attorney and Research Associate at the University of California, Santa Cruz, USA. His research reveals how human-made technologies have had a devastating impact on Earth’s biosphere, and attempts to put the current planetary crisis into the context of its historical setting. His books include Darwin’s Walk and the Last Wave: Disappearing Landscapes, Declining Species (2017); Nuclear Tsunami: Japanese Government and American Role in Fukushima Disaster (2015); and Gaia and the Fate of Midas: Wrenching Planet Earth (2009).

Blurb

“A bold shot across the bow of orthodoxy where conceptions of world order are concerned, Original Nation Approaches to Inter-National Law is sure to stimulate reconsideration of a range of past assumptions regarding the legitimacy and even the viability of the prevailing statist system of global dominion. In offering clear alternatives, this book is not only timely but urgently needed.”

—Ward Churchill, author of Struggle for the Land (1993), On the Justice of Roosting Chickens (2003), and Kill the Indian, Save the Man (2004)

“A powerful manifesto for a true ‘Inter-National’ law against the hegemonic ‘international’ system of states and a resounding reminder that human emancipation cannot be separated from ecological justice.”

—Chulwoo Lee, Professor of Law, Yonsei Law School, Korea   

This book introduces the Original Nation scholarship to examine the historical genealogy of the nation’s struggles against the state. A fundamentally different portrait of history, geography, politics, and the role of law emerges when the perspective of the nation and peoples is placed at the center of geopolitical analysis of global affairs. In contrast to traditional and canonical state-centric narratives, the Original Nation scholarship offers a diametrically distinct “on-the-ground” and “bottom-up” portrait of the struggle, resistance, and defiance of the nation and peoples. It exposes persistent global patterns of genocide, ecocide, and ethnocide that have resulted from attempts by the state to occupy, suppress, exploit, and destroy the nation. The Original Nation scholarship offers a powerful and widely applicable intellectual tool to examine the history of resilience, emancipatory struggles, and collective efforts to build a vibrant alternative world among the nation and peoples across the globe.

Hiroshi Fukurai is Professor of Legal Studies and Sociology at the University of California, Santa Cruz, USA, and is the Immediate-Past President of the Asian Law and Society Association (ALSA).

Richard Krooth is a practicing attorney and Research Associate at the University of California, Santa Cruz, USA.