Self-determination

"American Indian Sovereignty and Law: An Annotated Bibliography covers a wide variety of topics and includes sources dealing with federal Indian policy, federal and tribal courts, criminal justice, tribal governance, religious freedoms, economic development, and numerous sub-topics related to tribal and individual rights. While primarily focused on the years 1900 to the present, many sources are included that focus on the 19th century or earlier.

"From the vantage point of the remote Northern Territory town of Tennant Creek in Australia, this books examines the practical partnerships and awkward alliances that constitute Indigenous modernities. It is an ethnographic snapshot of the Warumungu people as they engage with a range of interlocutors, including transnational railroad companies, national mining groups, international tourists, and regional businesses.

"In 2007, the adoption of the UN Declaration on the Rights of Indigenous Peoples reinvigorated discussions about the participation by indigenous peoples in the decision-making processes that affect them. In particular, the debate revolved around interpretations of the concept of 'free, prior, and informed consent' (FPIC), which is becoming one of the central mechanisms in international law and policy for resolving conflicts about lands and natural resources. In this study, the legal status of FPIC and conditions for its successful implementation are examined.

"Some assume that Canada earned a place among postcolonial states in 1982 when it took charge of its Constitution. Yet despite the formal recognition accorded to Aboriginal and treaty rights at that time, Indigenous peoples continue to argue that they are still being colonized. Grace Woo assesses this allegation using a binary model that distinguishes colonial from postcolonial legality. She argues that two legal paradigms governed the expansion of the British Empire, one based on popular consent, the other on conquest and the power to command.

"Images can be deceiving. The San portrayed on the cover seem to be a remnant from a time when 'hunters and gatherers' still roamed vast areas of land in southern Africa. In reality they are actors paid to re-enact the way they once lived. In the Kalahari town of Ghanzi, Botswana, tourists can book so-called 'authentic Bushman Walks'.

"The recognition and allocation of indigenous property rights have long posed complex questions for the imperial powers of the mid-nineteenth century and their modern successors. Recognizing rights of property raises questions about pre-existing indigenous authority and power over land that continue to trouble the people and governments of settler states.

"In the United States, Native peoples must be able to demonstrably look and act like the Natives of U.S. national narrations in order to secure their legal rights and standing as Natives. How they choose to navigate these demands and the implications of their choices for Native social formations are the focus of this powerful critique. Joanne Barker contends that the concepts and assumptions of cultural authenticity within Native communities potentially reproduce the very social inequalities and injustices of racism, ethnocentrism, sexism, homophobia, and fundamentalism that define U.S.

"Between Indigenous and Settler Governance addresses the history, current development and future of Indigenous self-governance in four settler-colonial nations: Australia, Canada, New Zealand and the United States. Bringing together emerging scholars and leaders in the field of indigenous law and legal history, this collection offers a long-term view of the legal, political and administrative relationships between Indigenous collectivities and nation-states.

"While Indigenous peoples face the challenges of self-determination in a postcolonial world, New Treaty, New Tradition provides a timely look at how the resolution of land claims in New Zealand continues to shape Indigenous and non-Indigenous cultures alike. As Canada moves towards reconciliation with its own First Peoples, we can learn much from the Waitangi Treaty example.

"This book takes up the postcolonial challenge for law and explains how the problems of legal recognition for Indigenous peoples are tied to an orthodox theory of law. Constructing a theory of legal pluralism that is both critical of law's epistemological and ontological presuppositions, as well as discursive in engaging a dialogue between legal traditions, Anker focusses on prominent aspects of legal discourse and process such as sovereignty, proof, cultural translation and negotiation.