臺灣原住民族圖書資訊中心館藏介紹

書名： The challenge of legal pluralism : local dispute settlement and the Indian-state relationship in Ecuador

作者 ：Marc Simon Thomas

出版項： Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2017

ISBN：9781472480576

索書號：KHK315 T478 2017

"Within the Latin American context, legal pluralism is often depicted as a dichotomy between customary law and national law. In addition, the use of customary law alongside national law is frequently portrayed as a vehicle of resistance. This book argues that, because ordinary Indians are not positively biased in favor of customary law per se, a heterogeneity of legal practices can be observed on a daily basis, which consequently undermines the commonly held view of customary law as a ‘counter-hegemonic strategy’, even if, on other socio-geographical levels, this thinking in terms of resistance holds true. Based on qualitative research, the work analyzes how internal conflicts among indigenous inhabitants of the Ecuadorian highlands are being settled in a situation of formal legal pluralism, and what can be learned from this in terms of Indian-state relationships. It is shown that, on a local level, the phenomenological dimension of legal pluralism can be termed ‘interlegality.’ On a macro level, ontological assumptions underscore that legal pluralism is still seen as a dichotomy between customary and national law."– Back cover

(簡介來源：臺灣大學圖書館)

書名：Realizing the UN Declaration on the Rights of Indigenous Peoples : triumph, hope, and action

作者 ：Jackie Hartley, Paul Joffe, and Jennifer Preston

出版項： Saskatoon : Purich Pub., ©2010

ISBN：9781895830385

索書號： K3247 R43 2010

The contributors to this collection analyze the development of the Declaration, recall the triumph of its adoption, and illustrate the hopes and actions for its implementation. The discussion moves beyond Canadian borders to the international stage, providing accessible information and guidance on the Declaration and how it can be used to advance human rights. Policy makers, Indigenous communities, politicians, academics, lawyers, human rights advocates, NGOs, and anyone interested in the significance of the Declaration will find this to be a valuable resource. Contributors include Indigenous leaders, legal scholars and practitioners, state representatives, and representatives from NGOs, with extensive knowledge of and experience in Indigenous peoples’ human rights law, policy, and practice."–Pub. desc

(簡介來源：臺灣大學圖書館)

書名： Moving Aboriginal health forward : discarding Canada’s legal barriers

作者 ： Yvonne Boyer

出版項：Saskatoon, SK., Canada : Purich Publishing Limited, [2014]

ISBN：9781895830798

索書號：RA450.4.I53 B69 2014

"Continuing the theme of social determinants of health, this book is an historical examination of Canadian legal regimes and the negative impact they have had on the health of Aboriginal peoples. Everything from the early ban on traditional practices to the constitutional division of powers is examined (including who is responsible for off-reserve Indians under the Constitution). The author argues there is a clear connection between the health of individuals and the legal regime under which they live, and that our legal regime is one of the determinants of health. She contrasts the state of Aboriginal health in pre-contact days with their health today. The book provides comprehensive reviews of both health statistical data, historical practices aimed at Aboriginal peoples, and an analysis of legal principles that have developed in Canadian law as it applies to Aboriginal peoples. It outlines how commitments made by treaty and Supreme Court of Canada rulings on Aboriginal rights, the duty to consult, and the special constitutional status of Aboriginal peoples can be used to advance the health of Aboriginal peoples. The book concludes with a practical framework for the reconciliation of Aboriginal health and healing practices within Canadian society."–Pub. desc

(簡介來源：臺灣大學圖書館)

書名：Guidelines on indigenous peoples’ issues

作者 ：United Nations Development Group

出版項： New York : United Nations, 2009

ISBN：9789211542110

索書號：K3247 U55 2009

"This publication aims to assist the United Nations system to mainstream and integrate indigenous peoples issues in processes for operational activities and programmes at the country level. It sets out the broad normative, policy and operational framework for implementing a human rights-based and culturally sensitive approach to development for and with indigenous peoples, provide lines of action for planning, implementation and evaluation of programmes involving indigenous peoples and duly integrating the principles of cultural diversity into United Nations country programmes. It 1) provides an overview of the situation of indigenous peoples and the existing international norms and standards adopted to ensure the realization of their rights and resolve some of the crucial issues that they face; 2) presents a practical table and checklist of key issues and related rights; and 3) discusses specific programmatic implications for UNCTs for addressing and mainstreaming indigenous peoples issues."–Publisher

(簡介來源：臺灣大學圖書館)

書名： Indigenous peoples and human rights : international and regional jurisprudenc

作者 ： Saul, Ben, author.

出版項： London ; New York : Routledge, 2017

ISBN：9781901362404

索書號：K3247 S28 2016

"Indigenous Peoples and Human Rights explores how general human rights standards have enabled, empowered and constrained indigenous peoples in claiming and defending their essential economic, social, cultural, civil and political interests. The book examines the jurisprudence of United Nations treaty committees and regional human rights bodies (in Africa, the Americas and Europe) that have interpreted and applied human rights standards to the special circumstances and experiences of indigenous peoples. It focuses particularly on how human rights laws since the 1960s have been drawn upon by indigenous activists and victims to protect their interests in ancestral lands, natural resources, culture and language. It further explores the right to indigenous self-determination; civil and political rights; economic, social and cultural rights (including labour rights); family and children’s rights; violence and discrimination against indigenous peoples; and access to justice and remedies for violations. The book also discusses international and regional efforts to define who is ‘indigenous’ and who is a ‘minority’, and the legal relationship between indigenous individuals and their communities. The jurisprudence considered in this book significantly shaped the UN Declaration on the Rights of Indigenous Peoples, 2007, which particularises and adapts general human rights standards for indigenous peoples. The book concludes by exploring future normative and implementation challenges in the light of the standard setting and consolidation, and political momentum, surrounding the UN Declaration and associated UN human rights mechanisms"–Unedited summary from book cover

(簡介來源：臺灣大學圖書館)

書名： Indigenous peoples’ status in the international legal system

作者 ：Mattias Åhrén

出版項：Oxford ; New York, NY : Oxford University Press, 2016

ISBN：9780198778196

索書號： KZ1269 A36 2016

Indigenous Peoples’ Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume articulates that the understanding of peoples is paramount to the question of whether indigenous peoples are beneficiaries of the right to self-determination, and, if so, what should be the content and scope of this right. The book additionally explores the contemporary meaning of equality, arguing that the understanding of equality fundamentally impacts what rights indigenous peoples possess over territories and natural resources. This book outlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights"–Unedited summary from book jacket

(簡介來源：臺灣大學圖書館)

書名： Indigenous rights in modern landscapes : Nordic conservation regimes in global context

作者 ：Lars Elenius, Christina Allard and Camilla Sandström

出版項： London ; New York : Routledge, 2017

ISBN：9781472464927

索書號： KI280 I53 2017

This book examines the diverse use of Indigenous customary rights in modern landscapes from a multidisciplinary perspective. Divided into two parts, the first deals explicitly with Sámi customary rights in relation to nature conservation in the Nordic countries and Russia from a legal and historical perspective. The authors investigate how longstanding Sámi customary territorial rights have been reassessed in the context of new kinds of legislation regarding Indigenous people. They also look at the ideas behind the historical models of nature conservation. The second part deals with the ideas and implementation of new kinds of postcolonial models of nature conservation. The case of the Sámi is compared with other Indigenous people internationally with cases from Australia, New Zealand, Canada and India. The work investigates how the governance of protected areas has been influenced by the principles of equality and positive discrimination, and how it has affected the possibilities of establishing adaptive co-management arrangements for specific areas. How the legal situation of Indigenous peoples has been recognised in an international context is also investigated. The volume provides a multidisciplinary analysis of how the customary livelihood of Indigenous people has adapted to modern industrialised landscapes and also how postcolonial approaches have contributed to global changes of Indigenous rights and nature conservation models

(簡介來源：臺灣大學圖書館)

書名： Global indigenous politics : a subtle revolution

作者 ：Sheryl Lightfoot

出版項： London ; New York, NY : Routledge, 2016

ISBN：9781138946682

索書號： GN380 L54 2016

"This book examines how Indigenous peoples’ rights and Indigenous rights movements represent an important and often overlooked shift in international politics – a shift that powerful states are actively resisting in a multitude of ways. While Indigenous peoples are often dismissed as marginal non-state actors, this book argues that far from insignificant, global Indigenous politics is potentially forging major changes in the international system, as the implementation of Indigenous peoples’ rights requires a complete re-thinking and re-ordering of sovereignty, territoriality, liberalism, and human rights. After thirty years of intense effort, the transnational Indigenous rights movement achieved passage of the UN Declaration on the Rights of Indigenous Peoples in September 2007."–Publisher’s website

(簡介來源：臺灣大學圖書館)

書名： Indigeneity : before and beyond the law

作者 ：Kathleen Birrell

出版項： Abingdon, Oxon ; New York, NY : Routledge, 2016

ISBN：9781138793323

索書號：K3247 B57 2016

As both a local and global discourse, myriad expressions of indigeneity and multiple indigeneities are evident in both literature and law. This book is concerned with the contrasting juridical narratives of the coloniser and the colonised – specifically, of non-Indigenous and Indigenous law – and their expression in law and literature. Examining notions of indigeneity, and the positioning of the Indigenous subjectbefore and beyond the law – both nationally and internationally – the book focuses upon the animation of ‘indigeneities’ within textual imaginaries that are both literary and juridical. While the Indigene before the law is subject to the violence of its determinate impositions, this book draws on a range of contemporary theorists to argue that Indigenous narrative, particularly as it appears in Indigenous authored literature, evokes a disruptive and transformative dynamism within non-Indigenous law. In so doing, the book addresses the troubled juxtaposition of law and justice in the context of Indigenous legal claims and literary expressions, as it engage the contested history and jurisprudence of Indigenous title to land, of theories of recognition, and of Indigenous resistance to colonialism. It will be of considerable interest to legal and humanist scholars working at the intersection of Indigenous peoples and law, including those engaged in critical legal studies, legal philosophy and socio-legal studies.

(簡介來源：博客來)

書名：Aboriginal rights claims and the making and remaking of history

作者：Arthur J. Ray

出版項：Montreal ; Kingston ; London ; Chicago : McGill-Queen’s University Press, [2016]

ISBN：9780773547421

Forums such as commissions, courtroom trials, and tribunals that have been established through the second half of the twentieth century to address aboriginal land claims have consequently created a particular way of presenting aboriginal, colonial, and national histories. The history that emerges from these land-claims processes is often criticized for being “presentist” – inaccurately interpreting historical actions and actors through the lens of present-day values, practices, and concerns. In Aboriginal Rights Claims and the Making and Remaking of History, Arthur Ray examines how claims-oriented research is often fitted to the existing frames of indigenous rights law and claims legislation and, as a result, has influenced the development of these laws and legislation. Through a comparative study encompassing the United States, Canada, South Africa, Australia and New Zealand, Ray also explores the ways in which various procedures and settings for claims adjudication have influenced and changed the use of historical evidence, made space for indigenous voices, stimulated scholarly debates about the cultural and historical experiences of indigenous peoples at the time of initial European contact and afterward, and have provoked reactions from politicians and scholars. While giving serious consideration to the flaws and strengths of presentist histories, Aboriginal Rights Claims and the Making and Remaking of History provides communities with essential information on how history is used and how methods are adapted and changed.

(簡介來源：Amazon.com)