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Indigenous laws

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Journal Article
South Atlantic Quarterly (2020) 119 (2): 215–241.
Published: 01 April 2020
...Deborah Curran; Eugene Kung; Ǧáǧvi Marilyn Slett A discussion about Indigenous economies, governance, and laws begins with relationships. These relationships are centered in a place, a traditional territory, and include responsibilities towards that place. Such a relational approach to Indigenous...
Journal Article
South Atlantic Quarterly (2011) 110 (2): 403–427.
Published: 01 April 2011
... law has responded to Indigenous peoples' demands for cultural survival, appraising progress made and suggesting further improvements to the international legal regime. In doing so, the essay focuses on the 2007 UN Declaration on the Rights of Indigenous Peoples, overwhelmingly passed by the UN General...
Journal Article
South Atlantic Quarterly (2011) 110 (2): 309–327.
Published: 01 April 2011
... crime. © 2011 Duke University Press 2011 Chris Cunneen Indigeneity, Sovereignty, and the Law: Challenging the Processes of Criminalization Introduction This essay explores the relationship between sovereignty and...
Journal Article
South Atlantic Quarterly (2020) 119 (2): 269–299.
Published: 01 April 2020
... Extractive Governance: Indigenous Peoples and Socio-environmental Conflicts .” Extractive Industries and Society 2 , no. 1 : 85 – 92 . Affolder Natasha . 2010 . “ Rethinking Environmental Contracting .” Journal of Environmental Law and Practice 21 : 155 – 92 . Affolder...
Journal Article
South Atlantic Quarterly (2021) 120 (1): 209–219.
Published: 01 January 2021
..., however, settle the boundaries and lives of the people once and for all. The postcolonial rulers retained many of the draconian laws of the late colonial period, like the Foreigners’ Act in India, and laced them with new laws and regulations, thus leading to greater dispossession of people of homes...
Journal Article
South Atlantic Quarterly (2020) 119 (2): 353–369.
Published: 01 April 2020
...” claim possible—and show how it is ultimately not accurate. As crucial tools in the legal arsenal of settler-colonial states, injunctions and the subsequent use of contempt charges carve out a distinctly colonial space within Canadian law for the criminalization of Indigenous resistance, facilitating...
Journal Article
South Atlantic Quarterly (2015) 114 (4): 878–891.
Published: 01 October 2015
... political organizing and cultural persistence in the face of countless arbitrary enactments of colonial state laws seeking to undermine Indigenous sovereignty. In highlighting the culturally sovereign practices associated with Idle No More as fundamental to a resumptive pedagogy, interlaced by cultural and...
Journal Article
South Atlantic Quarterly (2011) 110 (2): 347–362.
Published: 01 April 2011
...Christine Black This essay is a nonlinear narrative that attempts to “unthink” the ways in which Australian Indigenous peoples' identity, sovereignty, and law are discussed. An Australian Aboriginal law narrative and poetry are part of the unthinking language used to discuss these definitions. The...
Journal Article
South Atlantic Quarterly (2008) 107 (4): 635–650.
Published: 01 October 2008
... native peoples as both “special interest groups” and “racial minorities” is deployed in the service of undermining the unique legal status of indigenous peoples under both U.S. federal law and international law. This changing political terrain creates the need for multiple interventions on different...
Journal Article
South Atlantic Quarterly (2020) 119 (2): 371–391.
Published: 01 April 2020
... : Oxford University Press . Ladner Kiera L. 2009 . “ Gendering Decolonisation, Decolonising Gender .” Australian Indigenous Law Review 13 , no. 1 : 62 – 77 . www.jstor.org/stable/26423117 . Lloyd David Wolfe Patrick . 2016 . “ Settler Colonial Logics and...
Journal Article
South Atlantic Quarterly (2020) 119 (2): 301–324.
Published: 01 April 2020
... inherent forms of jurisdiction, such as Indigenous customary governance systems, into delegated forms of authority that draw down their power from federal and provincial governments. I examine the myriad, quotidian ways that jurisdiction, as a legal mechanism of authorizing law, organizes sovereignty on...
Journal Article
South Atlantic Quarterly (2017) 116 (1): 184–194.
Published: 01 January 2017
... openings. In this move- ment Kānaka Maoli and settler allies work together to unmake relations of settler colonialism and imperialism, protecting Indigenous relationships between human and nonhumans through direct action and compassionate engagement with settler-state law enforcement. As Kuwada...
Journal Article
South Atlantic Quarterly (2015) 114 (4): 892–906.
Published: 01 October 2015
... resources, . . . [and] Indigenous peoples shall have the right to participate in this process” (United Nations 2008: 6). These bills are attempts by the conservative Canadian government to amend existing laws as implementations to certain provisions of the federal budget. Prior amendments have...
Journal Article
South Atlantic Quarterly (2019) 118 (4): 921–927.
Published: 01 October 2019
..., due to colonization and oppressive policies designed to destroy Indigenous identity, culture, and history, Indigenous knowledge and governing systems have been put in jeopardy. Colonial policies intended to dispossess and oppress First Nations by depriving us from Indigenous lands, controlling all...
Journal Article
South Atlantic Quarterly (2011) 110 (2): 329–346.
Published: 01 April 2011
... con- structed by (and, some would argue, almost entirely for) the nation-­state. However, over the last five or six decades, this web of law has become rather complicated, and it now entangles states and Indigenous peoples in multiple strands of mutual obligations and...
Journal Article
South Atlantic Quarterly (2018) 117 (1): 157–178.
Published: 01 January 2018
...Ilan Pappe This article examines closely the Palestinian cultural resistance in the Galilee as an antidote to the Israeli claim of Jewish indigeneity and policies of oppression. It begins by discussing the application of the term indigenous . to the Palestinians in Israel, an application that is to...
Journal Article
South Atlantic Quarterly (2011) 110 (2): 505–525.
Published: 01 April 2011
... nature of the sovereign decision (the rule of law) but the conceptual disap- Reyes and Kaufman • Sovereignty, Indigeneity, Territory 511 pearance of conquest, the ability within the West to present sovereignty as a question of “right” rather than domination. Second, subaltern...
Journal Article
South Atlantic Quarterly (2017) 116 (1): 195–206.
Published: 01 January 2017
... shot dead along the side of the road in June 2015 while hunting with friends is part of an ongoing process of genocide in West Papua. Race, nationality, and class all help determine who has full personhood before the law. In pursuing the elusive promise of justice in West Papua, indigenous people are...
Journal Article
South Atlantic Quarterly (2015) 114 (4): 866–877.
Published: 01 October 2015
... and Indigenous peoples. This essay examines some of INM's inflections as a fourth world movement, looking at both its resemblances to and differences from earlier Indigenous social movements, and focusing on the United States. Even though INM emerged as a protest movement specific to attacks against...
Journal Article
South Atlantic Quarterly (2020) 119 (4): 685–699.
Published: 01 October 2020
..., sovereignty is fraught. It is shot through with these hidden and not so hidden experiences of force, displacement, and containment. Yet Indigenous peoples now govern presumably, with this political form, or aspire to, or are conscripted via (settler) law to use this language of sover- eignty and aspire to...