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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"Indigeneity" as Self-Determination
There is presently much controversy concerning the legal and political significance of "Indigeneity" in settler states. Recently, Jeremy Waldron set out to critique what he saw as the uncritical use of liberal property morality by supporters of Indigeneity. This paper argues that self-determination is a liberal principle better suited to founding Indigeneity's political significance. To this end, this paper examines self-determination as a liberal principle, and develops a historical approach to it to support the argument that it provides a firmer foundation for Indigeneity in liberal political discourse than liberal property principles.
Bio:
MARK BENNETT, B.A., LL.B. (Hons.) (Victoria University of Wellington), Assistant Lecturer in Law at the Faculty of Law, Victoria University of Wellington. Many thanks are due to Dr. P.G. McHugh for discussions and comments on drafts of this paper, to Professor Robert Clinton for helpful discussions, and the reviewers and editors of this journal for detailed comments on earlier drafts of this article. All omissions and errors are mine alone.
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