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Aboriginal Title and Indigenous Peoples

Canada, Australia, and New Zealand
  • Edited by: Louis A. Knafla and Haijo Westra
Language: English
Published/Copyright: 2011
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This book is in the series

About this book

An enriching study of Aboriginal people’s struggles for land rights that examines their historical development in a comparative, international context.
Offers a perspective on Aboriginal title and land rights that extends beyond national borders and the contemporary context to consider historical developments in common law countries.

Author / Editor information

Louis A. Knafla is a professor emeritus of the Department of History and director of socio-legal studies at the University of Calgary. Haijo Westra is a professor of Greek and Roman studies at the University of Calgary.

Contributors: Brian Ballantyne, Paul L.A.H. Chartrand, Peter W. Hutchins, Kenichi Matsui, Kent McNeil, Nicolas Peterson, Arthur Ray, Bruce Rigsby, Jacinta Ruru, and David Yarrow

Reviews

Dwight Newman, University of Saskatchewan:
This collection offers a welcome contribution to the growing literature on comparative Indigenous rights frameworks…it should help stimulate further thinking that crosses national and disciplinary borders while addressing issues of interest to the Great Plains.

Alan Cairns:
The book is a major contribution to the widespread controversies over how the contemporary state and minority peoples/nations within it can come to an enduring rapprochement…the editors and contributors have produced a volume that should be on the bookshelf of every serious scholar studying Aboriginal issues.

David V. Williams, Faculty of Law, University of Auckland:
This book makes a significant original contribution to its field … If Commonwealth countries like Canada, Australia, and New Zealand cannot find better forms of accommodation between indigenous peoples and governments, then they will remain badly flawed democracies.

Benjamin J. Richardson, Osgoode Hall Law School, York University:
This book enriches the literature, which is not greatly endowed with comparative scholarship on indigenous rights, and it will help scholars, policy makers, students, and indigenous groups to better appreciate both historical and recent legal developments in common law jurisdictions.


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“This Is Our Land”: Aboriginal Title at Customary and Common Law in Comparative Contexts
Louis A. Knafla
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1
Sovereignty, Extinguishment, and Expropriation of Aboriginal Title

Arthur Ray
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37

Bruce Rigsby
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53

David Yarrow
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85

Haijo Westra
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100

Brian Ballantyne
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108
Native Land, Litigation, and Indigenous Rights

Paul L.A.H. Chartrand
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125

Kent McNeil
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146

Nicolas Peterson
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171

Jacinta Ruru
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185

Kenichi Matsui
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202

Power and Principle: State-Indigenous Relations across Time and Space
Peter W. Hutchins
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214

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229

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Publishing information
Pages and Images/Illustrations in book
eBook published on:
January 1, 2011
eBook ISBN:
9780774815628
Pages and Images/Illustrations in book
Main content:
280
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