This book describes the encounter between the common law legal system and the tribal peoples of North America and Australasia. It is a history of the role of anglophone law in managing relations between the British settlers and indigenous peoples. That history runs from the plantation of Ireland and settlement of the New World to the end of the Twentieth century. The book begins by looking at the nature of British imperialism and the position of non-Christian peoples at large in the Seventeenth and Eighteenth centuries. It then focuses on North America and Australasia from their early national periods in the Nineteenth century to the modern era. The historical basis of relations is described through the key, enduring, but constantly shifting questions of sovereignty, status and, more latterly, self-determination. Throughout the history of engagement with common law legalism, questions surrounding the settler-state's recognition - or otherwise - of the integrity of the tribe have recurred. These issues were addressed in many and varied imperial and colonial contexts, but all jurisdictions have shared remarkable historical parallels which have been accentuated by their common legal heritage. The same questioning continues today in the renewed and controversial claims of the tribal societies to a distinct constitutional position and associated rights of self-determination. Mc Hugh examines the political resurgence of aboriginal peoples in the last quarter of the Twentieth century. A period of 'rights-recognition' was transformed into a second-generation jurisprudence of rights-management and rights-integration. From the 1990s onwards, aboriginal affairs have been driven by an increasingly rampant legalism. Throughout this history, the common law's encounter with tribal peoples not only describes its view of the aboriginal, but also reveals a considerable amount about the common law itself as a language of thought. This is a history of the voyaging common law.

The issue of private property and the rights it confers remain almost undiscussed in critiques of globalization and free market economics. Yet property lies at the heart of an economic system geared to profit maximization. The authors describe the historically specific and self-consciously explicit manner in which it emerged. They trace this history from earliest historical times and show how, in the hands of Thomas Hobbes and John Locke in particular, the notion of private property took on its absolutist nature and most extreme form--a form which neoliberal economics is now imposing on humanity worldwide through the pressures of globalization. They argue that avoiding the destruction of people's ways of living and of nature requires reshaping our notions of private property. It also examines the practical ways for social and ecumenical movements to press for alternatives.

The issue of private property and the rights it confers remain almost undiscussed in critiques of globalization and free market economics. Yet property lies at the heart of an economic system geared to profit maximization. The authors describe the historically specific and self-consciously explicit manner in which it emerged. They trace this history from earliest historical times and show how, in the hands of Thomas Hobbes and John Locke in particular, the notion of private property took on its absolutist nature and most extreme form--a form which neoliberal economics is now imposing on humanity worldwide through the pressures of globalization. They argue that avoiding the destruction of people's ways of living and of nature requires reshaping our notions of private property. It also examines the practical ways for social and ecumenical movements to press for alternatives.

Contents:
Acknowledgements Preface 1. Welcome to the Hotel California 2. Property and the Landscapes of Gentrification 3. The Moralities of Land 4. Land and the Postcolonial City 5. Back to the Land

The struggle for land has been a key element of the conflict between Jews and Arabs in Palestine thoughout the past hundred years, and remains intense to this day. While international attention focuses on Israeli settlements that have encroached on to hitherto Arab land in the West Bank and the Gaza Strip, which lie legally outside Israel's boundaries, there is another dimension to the land question, as this book makes clear. Nearly one-fifth of Israel's population is Palestinian. This book examines the extent and means by which Israeli land policy today restricts access to land for these citizens within the 1948 boundaries of the State of Israel. Its authors - one a Palestinian lawyer and Israeli citizen practising in Israel, the other a British international human rights lawyer who worked in Israel for many years - examine the system of land ownership, the acquisition and administration of public land, and the control of land use through planning and housing regulations. What emerges is the extent to which the law is being used to restrict access to land by Israeli Palestinians and the discrimination that this entails for those citizens who are not of Jewish origin. The book argues that domestic and international law, which should operate to protect Palestinian land rights, have failed to do so, and that Israeli land policies breach international legal standards, including human rights norms.

A survey of the evolution of property rights in the United States-from constitutional protections and due process to private property rights and government-takings doctrines. Legal opinions and public attitudes toward property rights have fluctuated over the years, from periods when almost any infringement of these rights was impermissible, to times in which the government was granted much wider latitude. This book examines the history of individual property ownership in the U.S. from the late colonial era to the present, explaining how property rights were established, defended, and sometimes later reinterpreted. Of special interest are rights that have developed over time, such as due process, just compensation for government "takings" of private property, and the rights landowners may assert against other persons. Of particular interest to today's readers are government regulation of private property for environmental purposes, challenges to zoning regulations, and intellectual property rights in cyberspace. Alphabetical list of key people, cases, events, judicial decisions, statutes, and terms that are central to an understanding of property rights in the United States Reprints of key materials including constitutional provisions, excerpts from court rulings, and statutes

A leading group of scholars examine the circumstances under which central states might change their shape in responding to ethnic upheavals and regionalist demands. A systematic approach is applied to a country-by-country approach examining in turn most of the key areas of state boundary disputes in the contemporary world.

Are the world's oldest democracies failing? For most of the past fifty years democratic governments made determined and successful efforts at overcoming the significant inequalities that are the by-product of a capitalist economy. During this period a new concept of democratic citizenship that added social and economic rights to the liberal legacy of political and civil liberties established roots in most North Atlantic democracies. Since the 1980s this notion of democratic citizenship has been challenged ideologically to such a degree that through either major modification or complete elimination of programs, equality as a fundamental democratic goal is disappearing in many nations - particularly in the Anglo-American democracies.

In this extraordinary collection, top scholars in political science, sociology, philosophy and economics, discuss this radical shift towards inequality in an age of mass capital globalization. Wide ranging in topic yet coherent in approach, Inequality and the Modern Democratic State comprises thirteen essays, including Ed Broadbent's "Ten Propositions about Equality and Democracy," Robert Hackett's "Watch Dogs, Mad Dogs, or Lap Dogs?: News Media and Civic Equality" and Barbara Ehrenreich's "Inequality in the Clinton Era."

Many European democracies, argue the contributors, have adapted to new circumstance in the global economy without resorting to policies that actively promote inequality. While differing in some important details on solutions, they all contend that the political decision-making process is of critical importance in entrenching, or battling, an escalating inequality that is neither necessary nor desirable.

"Klein's excellent survey of these realities and dynamics will remain an important brief for decision-makers in the future."--"The Journal of Israeli History"

"A book of considerable weight and an important contribution to the growing genre of political studies in Jerusalem."
-- Michael Dumper," Journal of Palestine Studies"

Jerusalem, which means "city of peace," is one of the most bitterly contested territories on earth. Claimed by two peoples and sacred to three faiths, for the last three decades the city has been associated with violent struggle and civil unrest. As the peace negotiations between the Palestinians and Israelis reach their conclusion, the final, and most difficult issue is the status of Jerusalem. How and to what extent will these two nations share this city? How will Christians, Muslims and Jews in Jerusalem and around the world redefine their relationship to Jerusalem when the dust settles on the final agreement? Will the Israelis and Palestinians even be able to reach an agreement at all?

Menachem Klein, one of the leading experts on the history and politics of Jerusalem, cuts through the rhetoric on all sides to explain the actual policies of the Israelis and Palestinians toward the city. He describes the "facts on the ground" that make their competing claims so fraught with tension and difficult to reconcile. He shows how Palestinian national institutions have operated clandestinely since the Israelis occupied the eastern half of the city, and how the Israelis have tried to suppress them. Ultimately, he points the way toward a compromise solution but insists that the struggle for power and cultural recognition will likely continue to be apermanent feature of life in this complicated, multi-cultural city.

Was the relationship between English settlers and Native Americans in the New World destined to turn tragic? This book investigates how the newcomers interacted with Algonquian groups in the Chesapeake Bay area and New England, describing the role that original Americans occupied in England's empire during the critical first century of contact. Michael Leroy Oberg considers the history of Anglo-Indian relations in transatlantic context while viewing the frontier as a zone where neither party had the upper hand. He tells how the English pursued three sets of policies in America securing profit for their sponsors, making lands safe from both European and native enemies, and "civilizing" the Indians and explains why the British settlers found it impossible to achieve all of these goals. Oberg places the history of Anglo-Indian relations in the early Chesapeake and New England in a broad transatlantic context while drawing parallels with subsequent efforts by England as well as its imperial rivals the French, Dutch, and Spanish to plant colonies in America. Dominion and Civility promises to broaden our understanding of the exchange between Europeans and Indians and makes an important contribution to the emerging history of the English Atlantic world."

Thomas Buoye examines the impact of large-scale economic change on social conflict in eighteenth-century China. He draws on a large number of documented cases of violent property disputes to recreate the social tensions fostered by the development of property rights, an unprecedented growing population, and the increasing strain on land and resources. This book challenges the "markets" and "moral economy" theories of economic behavior. Applying the theories of Douglass North for the first time to this subject, Buoye uses an institutional framework to understand seemingly irrational economic choices.

A study of gult from the 13th century to 1910 revealing much about the history of highland Christian Ethiopia. Gult, a system of land tenure encompassing both taxation and tribute, is unique to highland Ethiopia. It was through this that Ethiopian states and their rulers affected the lives of ordinary people. US, Canada & rest of world (exc. UK, Commonwealth & Europe) : University of Illinois Press Ethiopia: Addis Ababa University Press

Contrasting the views of Native Americans and European Americans, this book provides a fresh look at the rhetoric behind the westward movement of the American frontier. From George Armstrong Custer and Andrew Jackson to Helen Hunt Jackson, the volume gives the views of well-known Anglo-Americans and contrasts them with views of such well-known Native Americans as Metacom, Sitting Bull, Tecumseh, and Black Hawk. Organized around major subthemes regarding the land, who should own it, and what ownership means, the book traces the rhetoric of the 17th, 18th, and 19th centuries, then covers current issues in the words of Oren Lyons, Vine Deloria Jr., and Senator Slade Gorton. The core of the debate in this volume is the taking of the continental United States from native peoples by European immigrants. In chapters revolving around major subthemes, the book develops biographies of significant figures in the history of a continent changing hands. What was George Armstrong Custer's view of Native American culture? How did this view contrast with that of his contemporary and antagonist at the Little Big Horn, Sitting Bull? This book is the first to present and contract the views on both sides of the debate.

The restoration of land rights is one of the key factors in the transformation process of South Africa. The complexities of restoration of land rights are many times underestimated and the competing interests involved may lead to the process becoming outdrawn and emotional. In few areas is the potential for conflict of interest so apparent than when land claims are introduced on national parks and other conservation areas held dear by the nation. While national parks and other conservation reserves fulfil a crucial role in the local and regional economic development of South Africa, it is also of crucial importance that historical wrongs, which may have led to the establishment of such parks, are rectified. Numerous parks and conservation areas or parts thereof, were after all, established on land that was obtained through discriminatory means from black people. When the Makuleke claim against the northern part of the Kruger National Park was introduced, the scene was set for a lengthy and emotional encounter. The claim was referred to as a "test" to reconcile competing interests. The joint management model, which has been agreed upon by the South African National Parks (SANP) and the Makuleke community to settle the claim, is an example of how closer co-operation can be structured to facilitate co-operation and economic empowerment of neighbouring communities while at the same time protecting the conservation assets of South Africa. This settlement may prove to be a guiding light for similar disputes in other areas of South and southern Africa.

Examining a series of court decisions made during the 1980s regarding the legal claims of several Native American tribes who attempted to protect ancestrally revered lands from development schemes by the federal government, this book looks at important questions raised about the religious status of land. The tribes used the First Amendment right of free exercise of religion as the basis of their claim, since governmental action threatened to alter the land which served as the primordial sacred reality without which their derivative religious practices would be meaningless. Brown argues that a constricted notion of religion on the part of the courts, combined with a pervasive cultural predisposition towards land as private property, marred the Constitutional analysis of the courts to deprive the Native American plaintiffs of religious liberty.

Brown looks at four cases, which raised the issue at the federal district and appellate court levels, centered on lands in Tennessee, Utah, South Dakota, and Arizona; then it considers a fifth case regarding land in northwestern California, which ultimately went to the U.S. Supreme Court. In all cases, the author identifies serious deficiencies in the judicial evaluations. The lower courts applied a conception of religion as a set of beliefs and practices that are discrete and essentially separate from land, thus distorting and devaluing the fundamental basis of the tribal claims. It was this reductive fixation of land as property, implicit in the rulings of the first four cases, that became explicitly sanctioned and codified in the Supreme Court's decision in "Lyng v. Northwest Indian Cemetery Protective Association" of 1988. In reaching such a position, the Supreme Court injudiciously engaged in a policy determination to protect government land holdings, and did so through a shocking repudiation of its own long established jurisprudential procedure in cases concerning the free exercise of religion.

Originally published in 1997, The Political Economy of Property Rights reports on comparative research into the transformation of property rights in post-communist countries and China. Two important theoretical questions unify the contributions: what aspects of political systems give credibility to systems of property rights? What can be learned from the transformation of property rights in post-communist countries about the large-scale change of economic institutions? The contributors consider the credibility of property rights as arising from the strategic interaction of political and economic actors, and they apply this perspective and test its implications using a variety of qualitative and quantitative methods. Overall, the volume demonstrates the value of coordinated cross-national research by area specialists sharing a common focus on questions of political economy.

Debates concerning the federal role in regulating industry and in managing the nation's public lands are becoming increasingly contentious. This is in part due to the rise of well-organized and ideologically energized land rights movements that have vowed to resist expansion of environmental regulations and even to roll back existing environmental statutes. A Wolf in the Garden is the only book available that assembles the arguments of key thinkers in the land rights and the environmental movements. The broad range of essays in this collection unveils hidden dimensions of the debate and explores opportunities for the environmental movement to revitalize itself by taking advantage of recent changes in the political landscape.

A small, poverty-stricken California Indian Tribe, the Cabazon Band of Mission Indians, successfully fought a long legal battle for the right to operate the business of their choice on their barren reservation-a gambling casino. This is their story, the authorized history of their epic struggle, climaxing with their victory in a 1987 ruling by the U.S. Supreme Court, the now-famous Cabazon Decision. Their defeated opponents included California's City of Indio and County of Riverside (called one of the most racist in the U.S. by a non-Indian resident) as well as California and 29 other states that joined California's appeal.

This is also the fascinating story of the role played by a white family and its radical, socialist patriarch that helped create one of the world's most capital-intensive industries and triggered today's Indian Gaming Explosion throughout America. Hundreds of hours of taped interviews and years of documents, meeting records, and official correspondence are analyzed to give the reader a clear picture of the impact of this new massive capital on tribal life and the development of a possible future without gambling-as officials in league with Nevada and Atlantic City gambling interests continue their efforts to destroy Indian gaming. The Buffalo, literal and symbolic figure of earlier Indian financial independence, has returned in a new form-cash cow casinos.

In this book the author examines the problems encountered in negotiations among claimants and the political and economic considerations that influence property rights arrangements. The histories of mineral rights, rights to range and timber land, and fishery and crude oil production rights in the United States are examined and reveal a surprising variety of contractual negotiations and economic outcomes. The author concludes that in addition to an analysis of distributional outcomes, an examination of the details of the political bargaining underlying property rights contracts is essential to an understanding of why rights emerge as they do. The book is an important contribution to both property rights theory and to American economic history.

In 1979 the Nevada state legislature passed a bill providing for state control of certain lands within the state boundaries under the administration of the Bureau of Land Management. Arizona, New Mexico, Utah, and Wyoming immediately followed suit. Public land users reacted swiftly and the Sagebrush Rebellion was on.

Westerners, driven by the sheer size of the federal estate (99 percent of BLM lands are located in twelve western states) and angered by what they perceived as undue influence by the environmental movement on federal policies, sought to protect and control the resource and recreational use of public lands that they deemed essential to their state economies.

In this book, R. McGreggor Cawley objectively investigates the Rebellion, looking at the driving force behind the movement, the strategies used by the Rebels, and the consequences of the controversy. He examines how the definitions of key federal land management concepts, such as conservation, influenced policymaking and explores tensions that pitted the West against other regions and the federal government.

In the process, he analyzes James Watt's beleaguered tenure as secretary of the interior and the Reagan administration's proposal to sell federal lands and shows how the conflict created an unexpected division within the environmental movement.

Going beyond the Rebellion, Cawley offers provocative interpretation of events in federal land policy from the 1960s to the 1990s and establishes a framework for assessing future developments in federal land policy.

Sponsored jointly by the United Nations Educational, Scientific, and Cultural Organization and the International Institute for Applied Systems Analysis "It's much too late but this is the book we should have had in Paris during the five years effort to get a political settlement of the Vietnam War. . . . Thought provoking." --Indochina Chronology "An important contribution to a better understanding of international relations . . . with reflective discussions as well as thorough case studies." --Indian Express Culture--along with many other variables--often impacts international negotiations. Culture and Negotiation offers a unique contribution by focusing on the distinctive impact of culture, both in creating unexpected opportunities for dispute settlement and in imposing obstacles to agreement. Separated into three sections, part I presents expert views on the nature and limits of culture's influence on negotiation. Part II comprises the core of the book, and contains a wealth of case studies and analyses of international disputes regarding water resources. Each case asks the following key questions: What are the different cultural components that made a difference in the outcome? How did culture play a role in the negotiation process? What are some specific illustrations of culture's contributing role, both to the dispute and to the ways in which it was handled? Part III includes implications for practitioners and policymakers, along with new directions for future studies. Culture and Negotiation is an essential resource for international relations practitioners in both the private and public sectors, as well as scholars and researchers interested in either culture or the theory and practice of negotiation and dispute resolution.

This work provides a selection of underground documents (never before translated) of the two leading bodies of the Intifada: the United National Command and the Islamic Resistance Movement, known as Hamas. Communiques or leaflets were an essential element of Palestinian political life and served as a vehicle of expression and a way to direct behaviour and organise the people. Shaul Mishal carefully analyses these documents in an effort to understand the forces that turned the wheels of the Palestinian uprising: their goals; methods of operation; and their success in obtaining the willing cooperation of all segments of the Palestinian population. Since the Israeli conquest of the West Bank and Gaza in 1967, there had been minor eruptions of violence by Palestinians against Israelis. But for the 20 years before December 1987 and the uprising, there had never been such an intense and prolonged demonstration against the occupation. The Intifada inspired a new generation of Palestinian radicals who conducted their protests through petrol bombs and street violence and relayed their messages through underground propaganda. In place of any official and prominent leadership, communiques became the voice of the rebels. The book should be of interest to scholars and students of Middle East studies, particularly of the Arab-Israeli conflict.

Exacerbated by the Gulf War, the plight of the Kurds is one of the most urgent problems facing the international community. This authoritative study of the Kurdish people provides a deep and varied insight into one of the largest primarily tribal communities in the world. It covers the collapse of the Ottoman Empire, the great Kurdish revolt against republican Turkey, the birth of Kurdish nationalism and the situation of the Kurdish people in Iraq, Turkey and Iran today. Van Bruinessen's work is already recognized as a key contribution to this subject. Tribe by tribe, he accounts for the evolution of power within Kurdish religious and other lineages, and shows how relations with the state have played a key constitutive role in the development of tribal structures. This is illustrated from contemporary Kurdish life, highlighting the complex interplay between traditional clan loyalties and their modern national equivalents. This book is essential to any Middle East collection. It has serious implications for the study of tribal life elsewhere, and it documents the history of what has until recently been a forgotten people.

The 1980s and '90s saw Latin American governments recognizing the property rights of Indigenous and Afro-descendent communities as part of a broader territorial policy shift. But the resulting reforms were not applied consistently, more often extending neoliberal governance than recognizing Indigenous Peoples' rights. In Negotiating Autonomy, Kelly Bauer explores the inconsistencies by which the Chilean government transfers land in response to Mapuche territorial demands. Interviews with community and government leaders, statistical analysis of an original dataset of Mapuche mobilization and land transfers, and analysis of policy documents reveals that many assumptions about post-dictatorship Chilean politics as technocratic and depoliticized do not apply to indigenous policy. Rather, state officials often work to preserve the hegemony of political and economic elites in the region, effectively protecting existing market interests over efforts to extend the neoliberal project to the governance of Mapuche territorial demands. In addition to complicating understandings of Chilean governance, these hidden patterns of policy implementation reveal the numerous ways these governance strategies threaten the recognition of Indigenous rights and create limited space for communities to negotiate autonomy.

This is a reconstruction of the trial where the Mashpee Indians claimed ownership of the area of Cape Cod that they have occupied for 350 years. Their claim was rejected as they were judged not to be a true tribe, having not survived as an ethnic identity.