Suchergebnisse

Aboriginal nations, the australian nation-state and indigenous international legal traditions / Ambellin Kwaymullina -- Domination in relation to indigenous ("dominated") peoples in international law / Steven Newcomb -- Natural law and the law of nations : "society" and the exclusion of first nations as subjects of international law / Marcelle Burns -- Long before Munich : the American template for Hitlerian diplomacy / Ward Churchill -- First nations, indigenous peoples : our laws have always been here / Irene Watson -- Law and politics of indigenous self-determination : the meaning of the right to prior consultation / Roger Merino -- How governments manufacture consent and use it against indigenous peoples /- Sharon Venne -- "Kill the Indian in the child" : genocide in international law / Tamara Starblanket.

This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people's complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation - thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law

This article explores the problem of universality and the historical exclusion and translation of Aboriginal perspectives within the context of human rights and social justice. Opinions based upon Aboriginal world views have been largely excluded from Australian mainstream society, and are generally absent for example in court decisions which refer to Aboriginal law, culture, and Aboriginality. In some instances anthropological evidence is given during court proceedings, but that evidence is still treated by Euro-centric perceptions. Translation is sometimes attempted, but it occurs across the expanse of a colonial history and as if Aboriginal culture was embedded and unaffected by the workings of colonialism. In the light of this, there is a need for an analysis of the impact of colonialism and its entrenched powers. But questions arise: to what extent can effective translations occur? How might they be determined, and what might they mean? And it is sure that the exclusion of Aboriginal community voices negates the possibility or capacity for any reliable translation of Aboriginal perspectives.