laws » 臺灣原住民族圖書資訊中心館藏介紹

The rights of indigenous peoples in marine areas

發表於：圖書｜ by ann

十月 23 2020

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

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內容簡介

"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)

Incorporating indigenous rights in the international regime on biodiversity protection

發表於：圖書｜ by ann

十月 23 2020

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

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內容簡介

"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)

Indigenous peoples, consent and rights

發表於：圖書｜ by ann

十月 15 2020

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

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內容簡介

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)

Indigenous peoples and the state

發表於：圖書｜ by ann

十月 15 2020

書名：Indigenous peoples and the state : international perspectives on the Treaty of Waitangi

作者：Mark Hickford and Carwyn Jones.

出版項：Abingdon, Oxon UK ; New York, NY : Routledge, Taylor & Francis Group,2019.

ISBN：9780367895440

索書號：KUQ353.3 1840 I53 2019

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內容簡介

Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand’s Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations.
This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation.

The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today. — Provided by publisher.

(簡介來源：臺灣大學圖書館)

Critical indigenous rights studies

發表於：圖書｜ by ann

十月 15 2020

書名：Critical indigenous rights studies

作者：Giselle Corradi, Koen de Feyter, Ellen Desmet, and Katrijn Vanhees

出版項：London ; New York : Routledge, Taylor & Francis Group,2019.

ISBN：9780367481353

索書號：K3247 C75 2019

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內容簡介
"The field of ‘critical indigenous rights studies’ is a complex one that benefits from an interdisciplinary perspective and a realist (as opposed to an idealised) approach to indigenous peoples.

This book draws on sociology of law, anthropology, political sciences and legal sciences in order to address emerging issues in the study of indigenous rights and identify directions for future research.

The first part of the volume investigates how changing identities and cultures impact rights protection, analysing how policies on development and land, and processes such as migration, interrelate with the mobilisation of identities and the realisation of rights.

In the second part, new approaches related to indigenous peoples’ rights are scrutinised as to their potential and relevance. They include addressing legal tensions from an indigenous peoples’ rights perspective, creating space for counter-narratives on international law and designing new instruments. Throughout the text, case studies with wide geographical scope are presented, ranging from Latin America (the book’s focus) to Egypt, Rwanda and Scandinavia."– Provided by publisher.

(簡介來源：臺灣大學圖書館)

Canadian justice, Indigenous injustice

發表於：圖書｜ by ann

八月 28 2020

書名： Canadian justice, Indigenous injustice : the Gerald Stanley and Colten Boushie case

作者：Kent Roach.

ISBN：9780228000730

出版項：Montreal ; Kingston ; London ; Chicago : McGill-Queen’s University Press,[2019]

索書號：HV6535.C22 S277 2019

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內容簡介

"In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries and the racially charged debate about defence of property and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial "hang fire" defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley’s implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau’s controversial call to "do better" is possible, given similar cases since Stanley’s, the difficulty of reforming the jury or the RCMP and the combination of Indigenous underrepresentation on juries and overrepresention among those victimized and accused of crimes. Informed and timely, Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism and the treatment of Indigenous peoples in Canada."– Provided by publisher.

(簡介來源：臺灣大學圖書館)

Aboriginal peoples and the law

發表於：圖書｜ by ann

八月 28 2020

書名： Aboriginal peoples and the law : a critical introduction

作者：Jim Reynolds.

出版項：Vancouver, BC : Purich Books,[2018]

ISBN：9780774880213

索書號：KE7709 R49 2018

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內容簡介

"Can Canada claim to be a just society for Indigenous peoples? To answer the question, and as part of the process of reparation, the Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. Aboriginal Peoples and the Law responds to that call, introducing readers with or without a legal background to modern Aboriginal law and outlining significant cases and decisions in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand relations between Indigenous peoples and settlers and explains key topics such as sovereignty, treaties, fiduciary duties, the honour of the Crown, Aboriginal rights and title, the duty to consult, and Indigenous laws. He also discusses key international developments such as the United Nations Declaration on the Rights of Indigenous Peoples. He concludes by considering major questions that need to be resolved, including balancing Aboriginal and non-Aboriginal rights and interests and the benefits and drawbacks of using either litigation or negotiation to resolve Indigenous issues. This critical analysis of the current state of the law makes the case that rather than leaving the judiciary to sort out essentially political issues, Canadian politicians need to take responsibility for this crucial aspect of building a just society."–Provided by publisher.

(簡介來源：臺灣大學圖書館)

The foundations of modern international law on indigenous and tribal peoples

發表於：西文圖書｜ by ann

八月 21 2020

書名：The foundations of modern international law on indigenous and tribal peoples : the preparatory documents of the Indigenous and Tribal Peoples Convention, and its development through supervision

作者：Lee Swepston

出版項：Leiden ; Boston : Brill Nijhoff,2015-2018

ISBN：9789004289079

索書號：K3247 S94 2015

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內容簡介

The International Labour Organization is responsible for the only two international Conventions ever adopted for the protection of the rights and cultures of indigenous and tribal peoples. The Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced Convention No. 107, are the only international Conventions ever adopted on the subject, and Convention No. 169 is the only one that can now be ratified. This volume, and its companion to be published at a later date, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights Of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted. The author of this unique study was responsible for many years for the supervision of both Conventions in the ILO’s supervisory machinery, and was intimately involved in the adoption of the 1989 instrument, as well as in international discussions on the subject of indigenous and tribal peoples.

(簡介來源：Amazon)

American Indian history on trial

發表於：西文圖書｜ by ann

八月 21 2020

書名：American Indian history on trial : historical expertise in tribal litigation

作者：E. Richard Hart.

出版項：Salt Lake City : The University of Utah Press,2018

ISBN：9781607815952

索書號：KF8205 H37 2018

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內容簡介

"Drawing from forty-five years of experience, E. Richard Hart elucidates the use of history as expert testimony in American Indian tribal litigation. Such lawsuits deal with aboriginal territory; hunting, fishing, and plant gathering rights; reservation boundaries; water rights; federal recognition; and other questions that have a historical basis. The methodology necessary to assemble successful expert testimony for tribes is complex and demanding and the legal cases have serious implications for many thousands of people, perhaps for generations. Hart, a historian who has testified in cases that have resulted in roughly a billion dollars in judgments, uses specific cases to explain at length what kind of historical research and documentation is necessary for tribes seeking to protect and claim their rights under United States law. He demonstrates the legal questions that Native Americans face by exploring the cultural history and legal struggles of six Indian nations. He recounts how these were addressed by expert testimony, grounded in thorough historical understanding, research, and argumentation. The case studies focus on the Wenatchi, Coeur d’Alene, Hualapai, Amah Mutsun, Klamath, and Zuni peoples but address issues relevant to many American tribes"– Provided by publisher.

(簡介來源：台大圖書館)

Our history is the future

發表於：西文圖書｜ by ann

八月 21 2020

書名：Our history is the future : Standing Rock versus the Dakota Access Pipeline, and the long tradition of Indigenous resistance

作者：Nick Estes

出版項：London ; New York : Verso,2019

ISBN：9781786636720

索書號：E99.D1 E87 2019

館藏連結

內容簡介

In 2016, a small protest encampment at the Standing Rock reservation in North Dakota, initially established to block construction of the Dakota Access oil pipeline, grew to be the largest Indigenous protest movement in the twenty-first century, attracting tens of thousands of Indigenous and non-Native allies from around the world. Its slogan "Mni Wiconi" — Water is Life — was about more than just a pipeline. Water Protectors knew this battle for Native sovereignty had already been fought many times before, and that, even after the encampment was gone, their anti-colonial struggle would continue. Nick Estes traces traditions of Indigenous resistance leading to the #NoDAPL movement from the days of the Missouri River trading forts through the Indian Wars, the Pick-Sloan dams, the American Indian Movement, and the campaign for Indigenous rights at the United Nations. A historian by trade, Estes also draws on observations from the encampments and from growing up as a citizen of the Oceti Sakowin (the Nation of the Seven Council Fires), making Our History is the Future at once a work of history, a personal story, and a manifesto.

(簡介來源：台大圖書館)

臺灣原住民族圖書資訊中心館藏介紹

The rights of indigenous peoples in marine areas

Incorporating indigenous rights in the international regime on biodiversity protection

Indigenous peoples, consent and rights

Indigenous peoples and the state

Critical indigenous rights studies

Canadian justice, Indigenous injustice

Aboriginal peoples and the law

The foundations of modern international law on indigenous and tribal peoples

American Indian history on trial

Our history is the future

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