Australian Practice in International Law
In: The Australian yearbook of international law, Band 5, Heft 1, S. 136-152
ISSN: 2666-0229
1189457 Ergebnisse
Sortierung:
In: The Australian yearbook of international law, Band 5, Heft 1, S. 136-152
ISSN: 2666-0229
In: International Journal of Research in Business and Social Science: IJRBS, Band 12, Heft 2, S. 267-277
ISSN: 2147-4478
The primary aim of this scholarly discourse is to demonstrate how South African indigenous people advanced agricultural practices without the dominant aid of globalisation and modernity that, to a certain degree, discredits Indigenous Knowledge Systems (IKS) that have existed from time immemorial. Qualitative research inquiry and IKS are synergetically used as approaches to this scholarly discourse to form juxtaposition and triangulation – a balancing act. The main discussions and findings of the article underline that incontrovertibly, South African indigenous people had their traditional ways of advancing human and social life such as relying on traditional medicine, farming, harvesting and many other determinants. In respect of the problematised phenomenon, the conclusion infuses recommendations for future scholarly debates while the emphasis is on embracing traditional knowledge and avoid continuous and solitary accreditation of neo-liberalist and imperialist notions in South Africa and elsewhere.
In: The Canadian yearbook of international law: Annuaire canadien de droit international, Band 58, S. 1-47
ISSN: 1925-0169
AbstractCanadian commitments under trade and investment treaties have been an ongoing concern for Indigenous peoples. TheCanada-United States-Mexico Agreement(CUSMA) is the first Canadian treaty to include a general exception for measures that a party state "deems necessary to fulfill its legal obligations to [I]ndigenous peoples." This exception is likely to afford Canada broad, but not unlimited, discretion to determine what its legal obligations to Indigenous peoples require. There is a residual risk that Canada's reliance on the exception could be challenged through theCUSMAdispute settlement process. ACUSMApanel would not have the expertise necessary to decide inevitably complex questions related to what Canada's legal obligations to Indigenous peoples require. While state-to-state cases under theNorth American Free Trade Agreementhave been rare, aCUSMApanel adjudication regarding the Indigenous general exception risks damaging consequences for Canada's relationship with Indigenous peoples.
In: Intergenerational justice review, Heft 1, S. 23-27
ISSN: 2510-8824
Claim of indigenous minorities to land are a significant political issue in many parts of the world. These claims, though, are contested, be it in theoretical, political or legal terms. I consider a position, put forward by Jeremy Waldron, that asserts some theoretical reservations towards indigenous minorities' claims to reparations and land. Waldron seems to assume that indigeneity is no important factor regarding land claims and reparative issues. I propose a rivalling account of indigenous land claims, based on the idea of self-determination. Self-determination itself can be understood in two different ways, it can either be conceived as a form of political autonomy or sovereignty, or it can be understood as having pre-political property rights.
In: International Indigenous Policy Journal: IIPJ, Band 13, Heft 2
ISSN: 1916-5781
Indigenous youth are key partners in improving our understanding of holistic health and identifying solutions to address health-related issues. The Urban Gardens Project was a community-based research partnership involving Indigenous youth co-researchers, Brandon University, Indigenous Knowledge Users, Elders, and Indigenous organizations in Winnipeg and Brandon, Manitoba. Using the Medicine Wheel as an analytic framework, the study identified key indicators of spiritual, mental, physical, and emotional wellbeing that Indigenous youth attributed to gardening. Findings illuminate the need for policies to foster Indigenous youth engagement, leadership, and urban gardening programs that advance Indigenous cultural practices to contribute to Indigenous health and wellbeing. The research was funded by the Canadian Institutes for Health Research (CIHR).
The ANU College of Law, Migration Law Program is pleased to introduce a text in administrative decision-making in Australian migration law. Over the past eight years we have assembled a team of some of Australia's most highly qualified migration agents and migration law specialists to deliver the Graduate Certificate in Australian Migration Law & Practice, and the Master of Laws in Migration Law. Alan Freckelton has worked with the Migration Law Program since 2008. Through personal recollections and a comprehensive analysis of administrative decision-making, he brings his professional expertise and experience in this complex field of law to the fore. The examination of High Court decisions, parliamentary speeches and public opinion bring a contentious area of law and policy to life, enabling the reader to consider the impact that legislation and decision-making has upon the individual and society as a whole.
BASE
In: Raymond , C & Arce , M 2013 , ' The politicization of indigenous identities in Peru ' , Party Politics , vol. 19 , no. 4 , pp. 555-573 . https://doi.org/10.1177/1354068811407597
Until now, scholars have argued that, unlike other Latin American countries with sizable indigenous populations, indigenous politics are largely unimportant in Peru because indigenous-based parties or national-level movements are absent. Rather than focusing solely on the emergence of indigenous parties or movements, which ignores the larger consequence of individuals' indigenous identifications for electoral politics, we argue that it is more important to examine the emergence of indigenous political divisions and their effects on indigenous representation. Using data from the World Values Survey across the presidential elections of 1995, 2001, and 2006, we show that, as indigenous identity has become more carefully defined, indigenous voting divisions have emerged in Peru, and concomitantly, parties have begun to recognize and respond to these divisions.
BASE
The critical role that Indigenous people play in natural resource management is globally recognized, with such endeavors frequently supported by Government and non-government funded programs. We explore the perceived impact of the knowledge-exchange opportunities arising from these programs, using data from a survey of Indigenous people from northern Australian communities involved in Indigenous land and sea management programs (ILSMPs). We find that ILSMPs are perceived as opportunities for exchange of both western and Indigenous-generated knowledge, with more people reporting opportunities to learn and share traditional rather than western generated knowledge. Aspects of life perceived as improved by learning and sharing were in relation to self, to others (community and family) and the Indigenous culture overall. Learning is having a positive impact on wellbeing; sharing is predominantly positive, but survey responses also reveal some negatives: mostly related to examples of sharing undertaken in culturally inappropriate exchanges, which not only impacts wellbeing, but also erodes the quality of the information exchanged. Reducing the negative sentiments related to sharing will not only improve the wellbeing of Indigenous people, but will also improve the quality of knowledge exchanged with consequent positive outcomes for the environment and society as a whole. ; Diane Jarvis, Natalie Stoeckl, Silva Larson, Daniel Grainger, Jane Addison, Anna Larson
BASE
In: Patterns of prejudice: a publication of the Institute for Jewish Policy Research and the American Jewish Committee, Band 2, Heft 5, S. 26-26
ISSN: 1461-7331
In: Special study. Centre of Policy Studies. Monash University 6
The conceptual understanding of security and the practicalities of national defence are interdependent. In many countries both are undergoing significant change. This work provides an international context but focuses on Australian defence, arguing that a transition is underway from old security thinking to new, and that this is evidenced by changes in policies and practical activities. The aim of this work is to demonstrate the interdependence between the current reconceptualisation of security and the practicalities of national defence. Old security thinking concerns military power relationships between states, in contrast with new security thinking, which uses a broader conceptual framework. These are described, providing benchmarks for the subsequent analysis. While it is acknowledged that change has occurred in security thinking throughout history, those developments observed since the end of the Cold War and the rise of globalisation signify a fundamental shift. To explore this shift, recent developments in the defence policies and military activities of four relevant nations are examined, providing an international context for the consideration of the primary case study of Australian defence. This case study draws on historical descriptions and empirical data to analyse developments in four spheres - Australian defence policy, current Australian Defence Force activities, recent military developments and contemporary Australian public debate. The weight of evidence supports the thesis of a transition in both security thinking, described as transitional security thinking, and ADF activities. Tensions are observed between the requirements of defending a nation against attack, and contributing to the expanding requirements of the broadened security agenda. Despite these tensions, the expansion in both security thinking and the associated activities of armed forces, is likely to continue. This expansion has important implications for Australia's defence capabilities which are increasingly required to meet the ...
BASE
In: http://hdl.handle.net/1885/13759
What is culture? Does culture necessitate protection? If so, can communications regulation offer the security needed to maintain a distinctive cultural identity? These are all significant questions that are facing a great number of states around the world. Within Australia, broadcasting regulatory policy takes the position that culture does require protection in order to preserve unique societal ideals. Under this philosophy, the Broadcasting Services Act 1992 seeks to provide a defence by imposing foreign and cross-media ownership restrictions. But as a new age of technology approaches, can the regulatory system of the past remain effective? The United Kingdom, Germany, and Canada are three countries in which this same issue is pertinent. Each of these states has taken on the task of regulating broadcasting in dissimilar fashions. Canada has imposed a series of Canadian produced content quotas with the intention of maintaining a prevalence of domestic viewpoints within terrestrial broadcasting. This system is analogous to the Australian model and has proven to be rather effective. Germany is a state in which foreigners are freely admitted into broadcasting ownership, and there are very few content quota requirements. Instead the use of market share restrictions has been implemented with a good deal of efficacy. German culture remains just as unique as any other. The United Kingdom offers yet another approach. In the UK, foreign ownership restriction applies only to terrestrial broadcasting, but not to persons from within the European Union. Co-production of content is encouraged as to benefit both foreign and domestic producers. In spite of the fact that the UK has a thriving satellite broadcasting industry which imports large quantities of foreign-made programming, uniqueness in culture perseveres. Globalization has been a major issue facing the world for many years. There have been an array of conceptual frameworks as to what effects globalization might yield, but none have been fully validated. The cultural/media imperialism framework has been accepted by a large number of people. The fears addressed by the Broadcasting Services Act 1992 correlate closely with this model. The cultural/media imperialism thesis assumes that a given culture has the capacity to dilute and eradicate other cultures through media channels. This argument has not been sufficiently proven. To the contrary there has been no indication that any one culture would have more of a tendency to adopt the ideals of another than the opposite. The cultural flows model of globalization takes a different stance. It asserts that a decrease in production costs caused by advancing technology has the capability of increasing the amount of active global communications participants. Furthermore, by the cultural flows model, this increase in participants would diversify what can be referred to as the emerging global culture. Regional identities would still flourish within a separate sphere of influence, but global culture would also thrive as a true melting pot. Technological advances, including the introduction of the World Wide Web have presented a serious problem to regulators around the world. This medium has yet to be effectively regulated. Foreign produced content has to this point avoided regulatory restrictions, and remains easily accessible. Convergence of technologies has made it possible for the Internet to be accessible through an array of devices. Digital television receivers, cellular telephones, and even refrigerators and other household appliances now have the capability to become Internet ports. Moreover, broadband Internet service has made it possible for newspapers, and television as well as radio broadcasters to post most of their productions online. This enables Internet users to access the content at their leisure. These technological realities have the potential to destabili ze regulatory bodies. Legitimate regulation must be fair and consistent. The Broadcasting Services Act 1992 places limitations on television broadcasting that are being undermined by the laxity of regulation in the Internet. If left unaddressed, this transparent inequality has the potential to render areas of government regulation inefficient and illegitimate. Since legitimacy is widely believed to be essential for stable governing, this would not be an a cceptable occurrence. In order to retain legitimacy in regulation, Australia must consider deregulating some areas of communications policy. As Canada, the UK, and Germany have demonstrated, retention of cultural identity is not contingent on communications regulation. Government and non-profit organizations could produce public broadcasting strongly oriented toward Australian culture. In the same tum, supplementary investment in Australian infrastructure by foreigners has the potential to benefit the Australian entertainment industry. Enhanced production capabilities would allow Australia to assert an active presence in the global arena without compromising traditional values. In this way, both domestic and international persons could benefit from a truly interdependent world.
BASE
In: The Australian journal of politics and history: AJPH, Band 41, S. 1-16
ISSN: 0004-9522
Abstract This article covers a wide range of projects from the earliest epistemological challenges posed by video experiments in remote Central Australia in the 1980s to the emergence of indigenous filmmaking as an intervention into both the Australian national imaginary and the idea of world cinema. It also addresses the political activism that led to the creation of four national indigenous television stations in the early 21st century: Aboriginal People's Television Network in Canada; National Indigenous Television in Australia; Maori TV in New Zealand; and Taiwan Indigenous Television in Taiwan); and considers what the digital age might mean for indigenous people worldwide employing great technological as well as political creativity.
BASE
In: International Journal of Critical Indigenous Studies, Band 7, Heft 1, S. 1-3
ISSN: 1837-0144
The United Nations' Declaration on the Rights of Indigenous Peoples (2007) received a mixed reception. Some commentators viewed it as setting important normative standards for the recognition of Indigenous human rights within the international law framework, whilst others have been critical of the declaration for unduly limiting the nature and scope of Indigenous rights (Anaya 2004; Churchill 2011; Davis 2008; Moreton-Robinson 2011; Pitty 2001; Watson and Venne 2012). Indigenous Nations' Rights in the Balance: An Analysis of the Declaration on the Rights of Indigenous Peoples by Charmaine White Face (2013) makes an important contribution to this debate by methodically charting the key changes made during the passage of the declaration through the United Nations process and highlighting the significance of these changes for the recognition and realisation of Indigenous rights.