Indigeneity Before And Beyond The Law

Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the animation of indigeneities within textual imaginaries, both literary and juridical. Engaging the philosophy of Jacques Derrida and Walter Benjamin, as well as other continental philosophy and critical legal theory, the book uniquely addresses the troubled juxtaposition of law and justice in the context of Indigenous legal claims and literary expressions, discourses of rights and recognition, postcolonialism and resistance in settler nation states, and the mutually constitutive relation between law and literature. Ultimately, the book suggests no less than a literary revolution, and the reassertion of Indigenous Law. To date, the oppressive specificity with which Indigenous peoples have been defined in international and domestic law has not been subject to the scrutiny undertaken in this book. As an interdisciplinary engagement with a variety of scholarly approaches, this book will appeal to a broad variety of legal and humanist scholars concerned with the intersections between Indigenous peoples and law, including those engaged in critical legal studies and legal philosophy, sociolegal studies, human rights and native title law.

Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the animation of indigeneities within textual imaginaries, both literary and juridical. Engaging the philosophy of Jacques Derrida and Walter Benjamin, as well as other continental philosophy and critical legal theory, the book uniquely addresses the troubled juxtaposition of law and justice in the context of Indigenous legal claims and literary expressions, discourses of rights and recognition, postcolonialism and resistance in settler nation states, and the mutually constitutive relation between law and literature. Ultimately, the book suggests no less than a literary revolution, and the reassertion of Indigenous Law. To date, the oppressive specificity with which Indigenous peoples have been defined in international and domestic law has not been subject to the scrutiny undertaken in this book. As an interdisciplinary engagement with a variety of scholarly approaches, this book will appeal to a broad variety of legal and humanist scholars concerned with the intersections between Indigenous peoples and law, including those engaged in critical legal studies and legal philosophy, sociolegal studies, human rights and native title law.

This volume of Studies in Law, Politics, and Society contains a sampling of work from some of the most promising junior scholars in the next generation of the law and society community. Nominated by their advisors or mentors, their work explores some of the newest areas of law and society research as well as brings fresh insight to bear on enduring

REDD+ operates to reorganise social relations and to establish new forms of global authority over forests in the Global South.

This book challenges the common perception that global politics is making progress on indigenous issues and argues that the current global care for indigeneity is, in effect, violent in nature. Examining the inclusion of indigenous peoples in the United Nations Permanent Forum on Indigenous Issues and the Arctic Council, the authors demonstrate how seemingly benevolent practices of international political and legal recognition are tantamount to colonialism, the historical wrong they purport to redress. By unveiling the ways in which contemporary neoliberal politics commissions a certain type of indigenous subject—one distinguished by resilience in particular—the book offers a pioneering account of how international politics has tightened its grip on indigeneity.

For almost 30 years, scholars and advocates have been exploring the interaction and potential between the rights and well-being of women and the promise of international law. This collection posits that the next frontier for international law is increasing its relevance, beneficence and impact for women in the developing world, and to deal with a much wider range of issues through a feminist lens.

Unparalleled in its breadth and scope, Sovereignty: Frontiers of Possibility brings together some of the freshest and most original writing on sovereignty being done today. Sovereignty’s many dimensions are approached from multiple perspectives and experiences. It is viewed globally as an international question; locally as an issue contested between Natives and settlers; and individually as survival in everyday life. Through all this diversity and across the many different national contexts from which the contributors write, the chapters in this collection address each other, staging a running conversation that truly internationalizes this most fundamental of political issues. In the contemporary world, the age-old question of sovereignty remains a key terrain of political and intellectual contestation, for those whose freedom it promotes as well as for those whose freedom it limits or denies. The law is by no means the only language in which to think through, imagine, and enact other ways of living justly together. Working both within and beyond the confines of the law at once recognizes and challenges its thrall, opening up pathways to alternative possibilities, to other ways of determining and self-determining our collective futures. The contributors, Indigenous and non-Indigenous alike, converse across disciplinary boundaries, responding to critical developments within history, politics, anthropology, philosophy, and law. The ability of disciplines to connect with each other—and with experiences lived outside the halls of scholarship—is essential to understanding the past and how it enables and fetters the pursuit of justice in the present. Sovereignty: Frontiers of Possibility offers a reinvigorated politics that understands the power of sovereignty, explores strategies for resisting its lived effects, and imagines other ways of governing our inescapably coexistent communities. Contributors: Antony Anghie, Larissa Behrendt, John Docker, Peter Fitzpatrick, Kent McNeil, Richard Pennell, Alexander Reilly, Ben Silverstein, Nin Tomas, Davina B. Woods.

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.