Description
Book SynopsisOffers a perspective on Aboriginal title and land rights that extends beyond national borders and the contemporary context to consider historical developments in common law countries.
Trade ReviewThe book is a major contribution to the widespread controversies over how the contemporary state and minority peoples/nations within it can come to an enduring rapprochement…the editors and contributors have produced a volume that should be on the bookshelf of every serious scholar studying Aboriginal issues. -- Alan Cairns * BC Studies, Winter 2011 *
This collection offers a welcome contribution to the growing literature on comparative Indigenous rights frameworks…it should help stimulate further thinking that crosses national and disciplinary borders while addressing issues of interest to the Great Plains. -- Dwight Newman, University of Saskatchewan * Great Plains Research, Vol 21, No 1 *
Table of ContentsIntroduction. “This Is Our Land”: Aboriginal Title at Customary and Common Law in Comparative Contexts / Louis A. Knafla
Part 1: Sovereignty, Extinguishment, and Expropriation of Aboriginal Title
1 From the US Indian Claims Commission Cases to Delgamuukw: Facts, Theories, and Evidence in North American Land Claims / Arthur Ray
2 Social Theory, Expert Evidence, and the Yorta Yorta Rights Appeal Decision / Bruce Rigsby
3 Law’s Infidelity to Its Past: The Failure to Recognize Indigenous Jurisdiction in Australia and Canada / David Yarrow
4 The Defence of Native Title and Dominion in Sixteenth-Century Mexico Compared with Delgamuukw / Haijo Westra
5 Beyond Aboriginal Title in Yukon: First Nations Land Registries / Brian Ballantyne
Part 2: Native Land, Litigation, and Indigenous Rights
6 The “Race” for Recognition: Toward a Policy of Recognition of Aboriginal Peoples in Canada / Paul L.A.H. Chartrand
7 The Sources and Content of Indigenous Land Rights in Australia and Canada: A Critical Comparison / Kent McNeil
8 Common Law, Statutory Law, and the Political Economy of the Recognition of Indigenous Australian Rights in Land / Nicolas Peterson
9 Claiming Native Title in the Foreshore and Seabed / Jacinta Ruru
10 Waterpower Developments and Native Water Rights Struggles in the North American West in the Early Twentieth Century: A View from Three Stoney Nakoda Cases / Kenichi Matsui
Conclusion. Power and Principle: State-Indigenous Relations across Time and Space / Peter W. Hutchins
Selected Bibliography; General Index; Index of Cases; Index of Statutes, Treaties, and Agreements
