Indigenous Peoples and the State : International Perspectives on the Treaty of Waitangi (Indigenous Peoples and the Law)

Hickford, Mark/ Jones, Carwyn

Routledge（2018/07発売）

• 製本 Paperback:紙装版/ペーパーバック版／ページ数 206 p.
• 言語 ENG
• 商品コード 9780367026196
• DDC分類 342.930872

Full Description

Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand's Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.

Contents

TABLE OF CONTENTS

Notes of Contributors

Introduction

Carwyn Jones and Mark Hickford

Part One: Foundations of Indigenous/State Relationships

Māori and State Visions of Law and Peace

Carwyn Jones

Origin Stories and the Law: Treaty Metaphysics in Canada and New Zealand

John Borrows

Originalism and the Constitutional Canon of Aotearoa New Zealand

David V Williams

Part Two: Giving Meaning to the Treaty Through Time

The Treaty of Waitangi in Historical Context

Saliha Belmessous

Towards a Post-Foundational History of the Treaty

Bain Attwood

The Failing Modern Jurisprudence of the Treaty of Waitangi

Jacinta Ruru

Part Three: Diverse Sites of the Treaty Relationship

'Ko te mana tuatoru, ko te mana motuhake'

Rawinia Higgins

Reflecting on the Treaty of Waitangi and its Constitutional Dimensions: A Case for a Research Agenda

Mark Hickford

Future Contexts for Treaty Interpretation

Natalie Coates

'He rangi tā Matawhāiti, he rangi tā Matawhānui': Looking towards 2040

Māmari Stephens

Glossary

Index