Jump to ContentJump to Main Navigation

You are looking at 1-10 of 10 items

  • Keywords: aboriginal title x
Clear All Modify Search

View:

Doctrinal Pathways in Canada and Australia—The Devil in the Detail of a Maturing Jurisprudence

Dr. P. G. McHugh

in Aboriginal Title: The Modern Jurisprudence of Tribal Land Rights

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199699414
eISBN:
9780191732133
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199699414.003.0003
Subject:
Law, Public International Law, Legal History

Canada and Australia were the two busiest jurisdictions where courts embarked upon construction of the proprietary parameters of aboriginal title and built major national jurisprudences. Canada took ... More


Common Law Aboriginal Title and its Pipers at the Gate of Dawn—Gestation (1970s) and Breakthrough (1980s)

Dr. P. G. McHugh

in Aboriginal Title: The Modern Jurisprudence of Tribal Land Rights

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199699414
eISBN:
9780191732133
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199699414.003.0002
Subject:
Law, Public International Law, Legal History

This chapter looks at key predicates of the doctrine as it began to be articulated, in particular its emphasis upon the role of the Crown and the core distinction between imperium (sovereignty) and ... More


Biocultural Rights in Anglo-American Jurisprudence

Sanjay Kabir Bavikatte

in Stewarding The Earth: Rethinking Property and the Emergence of Biocultural Rights

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198098669
eISBN:
9780199083046
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198098669.003.0009
Subject:
Law, Environmental and Energy Law

This judicial affirmation of stewardship by regional tribunals builds on firm foundations laid down in Anglo-American jurisprudence. This chapter seeks to explore these foundations. The chapter ... More


Deliberation and Political Strategy

Burke A. Hendrix

in Strategies of Justice: Aboriginal Peoples, Persistent Injustice, and the Ethics of Political Action

Published in print:
2019
Published Online:
June 2019
ISBN:
9780198833543
eISBN:
9780191871979
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198833543.003.0003
Subject:
Political Science, Political Theory

Theorists of deliberative democracy often argue that political actors entering the public sphere should speak openly and fully in pursuing their political goals. These requirements do not seem ... More


Aboriginal Title: The Modern Jurisprudence of Tribal Land Rights

P.G. McHugh

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199699414
eISBN:
9780191732133
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199699414.001.0001
Subject:
Law, Public International Law, Legal History

Aboriginal title was one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. The common law doctrine gave sudden substance to the ... More


Applying the Mixed-Model Interpretative Approach

Andrew Erueti

in The UN Declaration on the Rights of Indigenous Peoples: A New Interpretative Approach

Published in print:
2022
Published Online:
March 2022
ISBN:
9780190068301
eISBN:
9780190068332
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190068301.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

Chapter 4 presents a review of indigenous rights reforms in the North and South following the adoption of the UN Declaration. It notes the persistent objection to indigenous rights by Asian and ... More


Emily Carr and the legacy of Commonwealth modernism

Leah Modigliani

in Engendering an avant-garde: The unsettled lansdcapes of Vancouver photo-conceptualism

Published in print:
2018
Published Online:
September 2018
ISBN:
9781526101198
eISBN:
9781526135957
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526101198.003.0003
Subject:
Art, Art History

This chapter discusses the importance of landscape painting in the formation of early twentieth-century Canadian national identity, in particular the Theosophical aspirations and quest for the genius ... More


Frontier Justice and Self-Determination in Canada’s North

Miranda Johnson

in The Land Is Our History: Indigeneity, Law, and the Settler State

Published in print:
2016
Published Online:
October 2016
ISBN:
9780190600020
eISBN:
9780190600051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190600020.003.0004
Subject:
History, World Modern History

Chapter 3 examines the first collective land claim by Dene people in Canada’s Northwest Territories in 1973. Threatened by a proposed oil and gas pipeline, Dene people pursued land rights in a period ... More


Introduction: A Fragile Truce

Miranda Johnson

in The Land Is Our History: Indigeneity, Law, and the Settler State

Published in print:
2016
Published Online:
October 2016
ISBN:
9780190600020
eISBN:
9780190600051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190600020.003.0001
Subject:
History, World Modern History

In a global context of new social movements in the 1960s, indigenous activists made a distinct claim for their identity as peoples that went beyond a claim for equal rights. The introduction ... More


Conclusion

Andrew Erueti

in The UN Declaration on the Rights of Indigenous Peoples: A New Interpretative Approach

Published in print:
2022
Published Online:
March 2022
ISBN:
9780190068301
eISBN:
9780190068332
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190068301.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

The last chapter concludes with a critique of recent scholarship that emphasizes the need for indigenous advocates to focus on domestic law and politics in seeking reforms, relegating the Declaration ... More


View: