臺灣原住民族圖書資訊中心館藏介紹

書名：A third way : decolonizing the laws of indigenous cultural protection

作者：Hillary Hoffmann, Monte Mills.

出版項：Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press,2020.

ISBN：9781108482776

索書號：KF8205 H64 2020

The story of indigenous cultures and the law in America has been one of theft, loss, and decimation, at least when that story has been created and told by non-indigenous voices. As this book makes clear, we believe the era of those stories has passed and indigenous people will define the future of indigenous cultures and their protection, on their own terms. Therefore, we did not write this book in an attempt to establish normative guidelines of indigenous cultural preservation. Instead, we have set out to provide a framework within which tribes (and those interested in the area of indigenous cultural protection) can glean a basic understanding of the various laws that impede that effort, as well as those that advance claims to protect indigenous cultures– Provided by the publisher.

(簡介來源：臺灣大學圖書館)

書名：What has no place, remains : the challenges for Indigenous religious freedom in Canada today

作者：Nicholas Shrubsole.

出版項：Toronto ; Buffalo ; London : University of Toronto Press,[2019]

ISBN：9781487504700

索書號：KE4430 S57 2019

The desire to erase the religions of Indigenous Peoples is an ideological fixture of the colonial project marking the first century of Canada’s nationhood. While the ban on certain Indigenous religious practices was lifted after World War II, it was not until 1982 that Canada recognized Aboriginal rights, constitutionally protecting the diverse cultures of Indigenous Peoples. As former Prime Minister Stephen Harper stated in Canada’s apology for Indian Residential Schools, the desire to destroy Indigenous cultures, including religions, has no place in Canada today. Yet, Indigenous religions remain under threat. Drawing on philosophical, sociological, cultural, and legal theories, What Has No Place, Remains analyzes state actions, responses, and decisions on matters of Indigenous religious freedom. With particular attention to cosmologically significant space, this book provides the first comprehensive assessment of the conceptual, cultural, political, social, and legal reasons why religious freedom for Indigenous Peoples is currently an impossibility in Canada. Framed through a postcolonial lens and eight interrelated challenges for religious freedom, the book examines the impacts of an expanding, yet shallow, interpretation of religious freedom, secularization, and competing legal frameworks. The book is particularly concerned with legal cases, such as Ktunaxa Nation v. British Columbia (2017), but also draws on political negotiations, such as those at Voisey’s Bay, and standoffs such as the one at Gustafsen Lake, to generate a more comprehensive picture of the challenges for Indigenous religious freedom beyond Canada’s courts.– Provided by publisher.

(簡介來源：臺灣大學圖書館)

書名：Indigenous courts, self-determination and criminal justice

作者：Valmaine Toki.

出版項：Abingdon, Oxon ; New York, NY : Routledge, an imprint of the Taylor & Francis Group,2018.

ISBN：9780815375524

索書號：KUQ3478 T65 2018

In New Zealand, as well as in Australia, Canada and other comparable jurisdictions, Indigenous peoples comprise a significantly disproportionate percentage of the prison population. For example, Maori, who comprise 15% of New Zealand’s population, make up 50% of its prisoners. For Maori women, the figure is 60%. These statistics have, moreover, remained more or less the same for at least the past thirty years. With New Zealand as its focus, this book explores how the fact that Indigenous peoples are more likely than any other ethnic group to be apprehended, arrested, prosecuted, convicted and incarcerated, might be alleviated. Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions (including Australia, Canada, the United States of America), and also in the United Nations Declaration on the Rights of Indigenous Peoples, the book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior. More specifically, the book draws on contemporary notions of ‘therapeutic jurisprudence’ and ‘restorative justice’ in order to argue that such a court would offer an effective way to ameliorate the disproportionate incarceration of Indigenous peoples.– Provided by publisher.

(簡介來源：臺灣大學圖書館)

書名：Canadian law and indigenous self-determination : a naturalist analysis

作者：Gordon Christie.

出版項：Toronto ; Buffalo ; London : University of Toronto Press,[2019]

ISBN：9781442637511

索書號：KE7722.C5 C47 2019

(簡介來源：臺灣大學圖書館)

書名：Redefining citizenship in Australia, Canada, and Aotearoa New Zealand

作者：Jatinder Mann.

出版項：New York : Peter Lang,[2019]

ISBN：9781433151088

索書號：JF801 M338 2019

(簡介來源：臺灣大學圖書館)

書名：A reconciliation without recollection? : an investigation of the foundations of Aboriginal law in Canada

作者：Joshua Ben David Nichols ; with forewords by John Borrows and James Tully.

出版項：Toronto ; Buffalo ; London : University of Toronto Press,[2020]

ISBN：9781487521875

索書號：KE7709 N53 2020

(簡介來源：臺灣大學圖書館)

書名：Documents of Native American political development : 1933 to present

作者：edited by David E. Wilkins.

出版項：New York, NY, United States of America : Oxford University Press,[2019]

ISBN：9780190212070

索書號：E98.T77 D64 2019

(簡介來源：臺灣大學圖書館)

書名：The rights of indigenous peoples in marine areas

作者：Stephen Allen, Nigel Bankes and Øyvind Ravna.

出版項：Oxford ; New York : Hart,2019.

ISBN：9781509928644

索書號：K3260 R55 2019

"The question of what rights might be afforded to indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. Sustained initiatives by international institutions have seen national legal regimes and the international legal order accept that they possess an extensive array of legal rights. However, despite this, claims advanced by indigenous peoples relating to rights to marine spaces have been met with marked lack of receptiveness. This book offers the first sustained study of these rights and their reception. Taking a three part approach, it looks firstly at the international aspects of indigenous entitlement in marine spaces. It then goes on to explore specific country examples, before looking at some cross cutting themes of crucial importance to the question. Drawing on the expertise of leading scholars, this is a rigorous and long overdue exploration of a significant lacuna in indigenous peoples’ rights"

(簡介來源：臺灣大學圖書館)

書名：Incorporating indigenous rights in the international regime on biodiversity protection : access, benefit-sharing and conservation in indigenous lands

作者：Federica Cittadino.

出版項：Leiden ; Boston : Brill Nijhoff,[2019]

ISBN：9789004364196

索書號：K3247 C588z 2019

"In ‘Incorporating Indigenous Rights in the International Regime on Biodiversity Protection’, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law."–Back cover.

(簡介來源：臺灣大學圖書館)

書名：Indigenous peoples, consent and rights : troubling subjects

作者：Stephen Young.

出版項：Abingdon, Oxon ; New York, NY : Routledge, Taylor & Francis Group,2020.

ISBN：9780367344627

索書號：K3247 Y68 2020

Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigenous peoples’ consent before taking actions that will have an impact on them, their territories or their livelihoods.

FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse?

This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations(NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law – but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system.

Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples’ rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples’ rights.

Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.

(簡介來源：臺灣大學圖書館)