The adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples was heralded as the beginning of a new era for Indigenous Peoples' participation in global governance bodies, as well as for the realization of Indigenous Peoples' rights and self-determination. The category of 'Indigenous Peoples' is today defined by the historic and on-going dispossession, displacement and control of groups and individuals. To what extent, though, do Indigenous Peoples' rights, and their recognition and implementation, represent 'new' concepts and phenomena? And to what extent are...
The adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples was heralded as the beginning of a new era for Indigenous P...
Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the animation of indigeneities within textual imaginaries, both literary and juridical. Engaging the philosophy of Jacques Derrida and Walter Benjamin, as well as other continental philosophy and critical legal theory, the book uniquely addresses the troubled juxtaposition of law and justice in the context of Indigenous legal claims and literary expressions, discourses of rights and recognition, postcolonialism and resistance in settler nation states,...
Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the ani...
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...
The Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced t...
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...
For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have...