In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century.
In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century.
John Borrows is a professor and the Loveland Chair in Indigenous Law in the Faculty of Law at the University of Toronto. Michael Coyle is an associate professor and Director of Graduate Programs in the Faculty of Law at Western University. He has over twenty-five years of experience in mediating disputes between the Crown and First Nations.
Inhaltsangabe
Acknowledgements Introduction PART I. TREATY REMEDIES - HOW SHOULD HISTORY SHAPE THE LAW? Canada’s Colonial Constitution JOHN BORROWS As Long as the Sun Shines: Recognizing that Treaties were Intended to Last MICHAEL COYLE Indigenous Rights Litigation, Legal History, and yhe Role of Experts KENT MCNEIL Bargains Made in Bad Times: How Principles from Modern Treaties can Reinvigorate Historic Treaties JULIE JAI Who Calls the Shots? Balancing Individual and Collective Interests in The Assertion of Aboriginal and Treaty Harvesting Rights FRANCESCA ALLODI-ROSS Negotiating Self-Government Over & Over & Over Again: Interpreting Contemporary Treaties SARI GRABEN & MATTHEW MEHAFFY PART II. THE ROLE OF INDIGENOUS LEGAL ORDERS: TREATY RIGHTS OR RIGHT RELATIONSHIPS? Rights and Remedies Within Common Law and Indigenous Legal Traditions: Can the Covenant Chain be Judicially Enforced Today? MARK D. WALTERS What is a Treaty? On Contract and Mutual Aid AARON MILLS Changing the Treaty Question: Remedying the Right(S) Relationship HEIDI KIIWETINEPINESIIK STARK (Re)Defining "Good Faith" Through Snuw’uyulh SARAH MORALES PART III. "FITTING THE FORUM TO THE FUSS" - RE-EXAMINING THE FORUMS IN WHICH TREATY DISPUTES ARE ADDRESSED A Treaty in Another Context: Creating Reimagined Treaty Relationships in Aotearoa New Zealand JACINTA RURU Nanabush, Lon Fuller and Historical Treaties: The Potentialities and Limits of Adjudication JEAN LECLAIR Treaties and The Emancipatory Potential of International Law SARA L. SECK
Acknowledgements Introduction PART I. TREATY REMEDIES - HOW SHOULD HISTORY SHAPE THE LAW? Canada’s Colonial Constitution JOHN BORROWS As Long as the Sun Shines: Recognizing that Treaties were Intended to Last MICHAEL COYLE Indigenous Rights Litigation, Legal History, and yhe Role of Experts KENT MCNEIL Bargains Made in Bad Times: How Principles from Modern Treaties can Reinvigorate Historic Treaties JULIE JAI Who Calls the Shots? Balancing Individual and Collective Interests in The Assertion of Aboriginal and Treaty Harvesting Rights FRANCESCA ALLODI-ROSS Negotiating Self-Government Over & Over & Over Again: Interpreting Contemporary Treaties SARI GRABEN & MATTHEW MEHAFFY PART II. THE ROLE OF INDIGENOUS LEGAL ORDERS: TREATY RIGHTS OR RIGHT RELATIONSHIPS? Rights and Remedies Within Common Law and Indigenous Legal Traditions: Can the Covenant Chain be Judicially Enforced Today? MARK D. WALTERS What is a Treaty? On Contract and Mutual Aid AARON MILLS Changing the Treaty Question: Remedying the Right(S) Relationship HEIDI KIIWETINEPINESIIK STARK (Re)Defining "Good Faith" Through Snuw’uyulh SARAH MORALES PART III. "FITTING THE FORUM TO THE FUSS" - RE-EXAMINING THE FORUMS IN WHICH TREATY DISPUTES ARE ADDRESSED A Treaty in Another Context: Creating Reimagined Treaty Relationships in Aotearoa New Zealand JACINTA RURU Nanabush, Lon Fuller and Historical Treaties: The Potentialities and Limits of Adjudication JEAN LECLAIR Treaties and The Emancipatory Potential of International Law SARA L. SECK
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