Aboriginal Title and Indigenous Peoples
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Edited by:
Louis A. Knafla
and Haijo Westra
About this book
Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. This book brings together distinguished scholars who show that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework.
Contributors trace the role that courts and legislatures played in the extinguishment and acquisition of Aboriginal title and land. They then establish that although each country’s development was distinctive, common issues shaped – and continue to inform – indigenous peoples’ struggle for recognition. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar 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
Topics
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Front Matter
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Contents
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Introduction
1 - Sovereignty, Extinguishment, and Expropriation of Aboriginal Title
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From the US Indian Claims Commission Cases to Delgamuukw: Facts, Theories, and Evidence in North American Land Claims
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Social Theory, Expert Evidence, and the Yorta Yorta Rights Appeal Decision
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Law’s Infidelity to Its Past: The Failure to Recognize Indigenous Jurisdiction in Australia and Canada
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The Defence of Native Title and Dominion in Sixteenth-Century Mexico Compared with Delgamuukw
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Beyond Aboriginal Title in Yukon: First Nations Land Registries
108 - Native Land, Litigation, and Indigenous Rights
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The “Race” for Recognition: Toward a Policy of Recognition of Aboriginal Peoples in Canada
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The Sources and Content of Indigenous Land Rights in Australia and Canada: A Critical Comparison
146 -
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Common Law, Statutory Law, and the Political Economy of the Recognition of Indigenous Australian Rights in Land
171 -
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Claiming Native Title in the Foreshore and Seabed
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Waterpower Developments and Native Water Rights Struggles in the North American West in the Early Twentieth Century: A View from Three Stoney Nakoda Cases
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Conclusion
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Acknowledgments
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Selected Bibliography
230 -
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Contributors
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General Index
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Index of Cases
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Index of Statutes, Treaties and Agreements
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Law and Society
268