The next deadline for submissions is: September, 2008.
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Indigenous Law Journal
at the University of Toronto
Recent Articles
- Volume 4 Staff
- The Justice System in Canada: Does it Work for Aboriginal People?
- Maori Women Confront Discrimination: Using International Human Rights Law to Challenge Discriminatory Practices
- "Indigeneity" as Self-Determination
- Establishing Autonomous Regimes in the Republic of China: The Salience of International Law for Taiwan's Indigenous Peoples
- Sovereignty in Law: The Justiciability of Indigenous Sovereignty in Australia, the United States and Canada
- Ogawa v. Hokkaido (Governor), the Ainu Communal Property (Trust Assets) Litigation
- Paul G. McHugh, Aboriginal Societies and the Common Law: A History of Sovereignty, Status and Self-Determination
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Treaties vs. Terra Nullius: "Reconciliation," Treaty-Making and Indigenous Sovereignty in Australia and Canada
In Australia, Canadian government approaches to dealing with Indigenous peoples' demands for recognition and justice are often lauded as being more progressive than those of their Australian counterparts. Drawing on aspects of the treaty-making process currently underway in British Columbia and the policies of "reconciliation" and Native title in Australia as examples, this paper compares Australian and Canadian approaches to their relationships with Indigenous peoples in terms of how each state handles demands for the recognition of Indigenous sovereignty and nationhood. This analysis shows that there are as many similarities as there are differences between Indigenous-state relations in Canada and Australia, and that in both cases there is need for a more genuinely inclusive approach to negotiations and debates over Indigenous peoples' rights.
Bio:
ANGELA PRATT, Ph.D. (University of Wollongong), currently works as a research specialist in Indigenous affairs and health policy in the Australian federal Parliamentary Library, Canberra. In 2003, she was awarded the Australian Parliamentary Fellowship to undertake a research project on discourses of "reconciliation" in Australian parliamentary debates about Indigenous affairs policy. The results of this research will be published in 2004. She has taught sociology, politics, Aboriginal studies and Australian studies at Wollongong University. The author wishes to thank the editors of the Indigenous Law Journal and their anonymous referees for extremely helpful comments and suggestions on an earlier draft of this paper.
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