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

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

Author: Mark Hickford
Publisher: Routledge
ISBN: 9780815375258
Published In: July 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

With contributions from historical, legal, political, and indigenous perspectives, that speak to one another across and between traditional disciplinary boundaries, this is a book that promises to generate new conversations about the complexity of Indigenous-State relations.

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