Das Werk beschäftigt sich mit der Frage, was genau unter indigenen Landrechten zu verstehen ist, wie sie im internationalen Vergleich realisiert werden, und ob der Schutz und die Durchsetzung indigener Landrechte in den einzelnen Ländern den völkerrechtlichen Mindestanforderungen entsprechen. Es bewegt sich hierbei auf der Schnittstelle zwischen öffentlichem Recht, Rechtsvergleichung und Völkerrecht.Im Ergebnis wird gezeigt, dass der Umgang der Staaten mit Landrechten indigener Völker den völkerrechtlichen Mindestanforderungen oftmals nicht entspricht. Ferner wird dargelegt, dass die Regierungen nicht auf die unterschiedlichen historischen Vorgehensweisen, durch die indigene Gebiete kolonisiert und indigene Völker in der Vergangenheit enteignet wurden, verweisen können, um eine Ungleichbehandlung indigener Völker in den unterschiedlichen Staaten oder in verschiedenen Regionen innerhalb ein und desselben Staates zu rechtfertigen. Stattdessen sind allein der politische Wille einer Regierung, die Einstellung der Mehrheitsgesellschaft gegenüber indigenen Völkern und das Auftreten und die Organisation der indigenen Völker ausschlaggebend dafür, ob und in welchem Umfang diese ihre Rechte an ihren traditionellen Gebieten durchsetzen können.
»Gewalt" und »Raum" als analytische Kategorien, die nach Entstehungsbedingungen von Konflikten und Kriegen fragen. Gewaltforschung hat Konjunktur. Seit einigen Jahren fragen vor allem Historiker und Historikerinnen danach, inwiefern kollektive Gewalthandlungen durch räumliche Bedingungen und Logiken beeinflusst werden. Die Autorinnen und Autoren des Bandes greifen die Forschungsdebatte über »Gewalträume" und »Gewaltmärkte" auf und untersuchen koloniale Landnahmen in verschiedenen epochalen, nationalen und lokalen Kontexten. Sie analysieren die Wechselwirkungen von kolonialen Raumbildern, staatlichem Ordnungshandeln und situativen Gewaltmobilisierungen. Im Zentrum stehen Raumbilder wie der »Leere Raum" und die »Frontier", die nicht nur Wahrnehmung, Inbesitznahme und Beherrschung kolonialen Landes mental begleiteten, sondern signifikante Eroberungs-, Herrschafts- und Gewaltdynamiken hervorbrachten.
Author: David Armitage
Publisher: Macmillan International Higher Education
Release Date: 2014-01-23
The first comprehensive account to place the Pacific Islands, the Pacific Rim and the Pacific Ocean into the perspective of world history. A highly distinguished international team of historians provides a chronological and thematic exploration of the Pacific, its inhabitants and the lands within and around it over 50,000 years.
Author: Robert Aldrich
Release Date: 2013-12-04
The Routledge History of Western Empires is an all new volume focusing on the history of Western Empires in a comparative and thematic perspective. Comprising of thirty-three original chapters arranged in eight thematic sections, the book explores European overseas expansion from the Age of Discovery to the Age of Decolonisation. Studies by both well-known historians and new scholars offer fresh, accessible perspectives on a multitude of themes ranging from colonialism in the Arctic to the scramble for the coral sea, from attitudes to the environment in the East Indies to plans for colonial settlement in Australasia. Chapters examine colonial attitudes towards poisonous animals and the history of colonial medicine, evangelisaton in Africa and Oceania, colonial recreation in the tropics and the tragedy of the slave trade. The Routledge History of Western Empires ranges over five centuries and crosses continents and oceans highlighting transnational and cross-cultural links in the imperial world and underscoring connections between colonial history and world history. Through lively and engaging case studies, contributors not only weigh in on historiographical debates on themes such as human rights, religion and empire, and the ‘taproots’ of imperialism, but also illustrate the various approaches to the writing of colonial history. A vital contribution to the field.
Author: Saliha Belmessous
Publisher: Oxford University Press
Release Date: 2014-10-30
Most histories of European appropriation of indigenous territories have, until recently, focused on conquest and occupation, while relatively little attention has been paid to the history of treaty-making. Yet treaties were also a means of extending empire. To grasp the extent of European legal engagement with indigenous peoples, Empire by Treaty: Negotiating European Expansion, 1600-1900 looks at the history of treaty-making in European empires (Dutch, Spanish, Portuguese, French and British) from the early 17th to the late 19th century, that is, during both stages of European imperialism. While scholars have often dismissed treaties assuming that they would have been fraudulent or unequal, this book argues that there was more to the practice of treaty-making than mere commercial and political opportunism. Indeed, treaty-making was also promoted by Europeans as a more legitimate means of appropriating indigenous sovereignties and acquiring land than were conquest or occupation, and therefore as a way to reconcile expansion with moral and juridical legitimacy. As for indigenous peoples, they engaged in treaty-making as a way to further their interests even if, on the whole, they gained far less than the Europeans from those agreements and often less than they bargained for. The vexed history of treaty-making presents particular challenges for the great expectations placed in treaties for the resolution of conflicts over indigenous rights in post-colonial societies. These hopes are held by both indigenous peoples and representatives of the post-colonial state and yet, both must come to terms with the complex and troubled history of treaty-making over 300 years of empire. Empire by Treaty looks at treaty-making in Dutch colonial expansion, the Spanish-Portuguese border in the Americas, aboriginal land in Canada, French colonial West Africa, and British India.
Author: Nadine Attewell
Publisher: University of Toronto Press
Release Date: 2014-02-05
Genre: Literary Criticism
In 1932, Aldous Huxley published Brave New World, his famous novel about a future in which humans are produced to spec in laboratories. Around the same time, Australian legislators announced an ambitious experiment to “breed the colour” out of Australia by procuring white husbands for women of white and indigenous descent. In this study, Nadine Attewell reflects on an assumption central to these and other policy initiatives and cultural texts from twentieth-century Britain, Australia, and New Zealand: that the fortunes of the nation depend on controlling the reproductive choices of citizen-subjects. Better Britons charts an innovative approach to the politics of reproduction by reading an array of works and discourses – from canonical modernist novels and speculative fictions to government memoranda and public debates – that reflect on the significance of reproductive behaviours for civic, national, and racial identities. Bringing insights from feminist and queer theory into dialogue with work in indigenous studies, Attewell sheds new light on changing conceptions of British and settler identity during the era of decolonization.
In the nineteenth century, nearly all Native American men living along the southern New England coast made their living traveling the world's oceans on whaleships. Many were career whalemen, spending twenty years or more at sea. Their labor invigorated economically depressed reservations with vital income and led to complex and surprising connections with other Indigenous peoples, from the islands of the Pacific to the Arctic Ocean. At home, aboard ship, or around the world, Native American seafarers found themselves in a variety of situations, each with distinct racial expectations about who was "Indian" and how "Indians" behaved. Treated by their white neighbors as degraded dependents incapable of taking care of themselves, Native New Englanders nevertheless rose to positions of command at sea. They thereby complicated myths of exploration and expansion that depicted cultural encounters as the meeting of two peoples, whites and Indians. Highlighting the shifting racial ideologies that shaped the lives of these whalemen, Nancy Shoemaker shows how the category of "Indian" was as fluid as the whalemen were mobile.
Author: Jennifer E. Sessions
Publisher: Cornell University Press
Release Date: 2015-01-26
In 1830, with France's colonial empire in ruins, Charles X ordered his army to invade Ottoman Algiers. Victory did not salvage his regime from revolution, but it began the French conquest of Algeria, which was continued and consolidated by the succeeding July Monarchy. In By Sword and Plow, Jennifer E. Sessions explains why France chose first to conquer Algeria and then to transform it into its only large-scale settler colony. Deftly reconstructing the political culture of mid-nineteenth-century France, she also sheds light on policies whose long-term consequences remain a source of social, cultural, and political tensions in France and its former colony. In Sessions's view, French expansion in North Africa was rooted in contests over sovereignty and male citizenship in the wake of the Atlantic revolutions of the eighteenth century. The French monarchy embraced warfare as a means to legitimize new forms of rule, incorporating the Algerian army into royal iconography and public festivals. Colorful broadsides, songs, and plays depicted the men of the Armée d'Afrique as citizen soldiers. Social reformers and colonial theorists formulated plans to settle Algeria with European emigrants. The propaganda used to recruit settlers featured imagery celebrating Algeria's agricultural potential, but the male emigrants who responded were primarily poor, urban laborers who saw the colony as a place to exercise what they saw as their right to work. Generously illustrated with examples of this imperialist iconography, Sessions's work connects a wide-ranging culture of empire to specific policies of colonization during a pivotal period in the genesis of modern France.
Author: Stuart Banner
Publisher: Oxford University Press
Release Date: 2013-03-01
Genre: Sports & Recreation
The impact of antitrust law on sports is in the news all the time, especially when there is labor conflict between players and owners, or when a team wants to move to a new city. And if the majority of Americans have only the vaguest sense of what antitrust law is, most know one thing about it-that baseball is exempt. In The Baseball Trust, legal historian Stuart Banner illuminates the series of court rulings that resulted in one of the most curious features of our legal system-baseball's exemption from antitrust law. A serious baseball fan, Banner provides a thoroughly entertaining history of the game as seen through the prism of an extraordinary series of courtroom battles, ranging from 1890 to the present. The book looks at such pivotal cases as the 1922 Supreme Court case which held that federal antitrust laws did not apply to baseball; the 1972 Flood v. Kuhn decision that declared that baseball is exempt even from state antitrust laws; and several cases from the 1950s, one involving boxing and the other football, that made clear that the exemption is only for baseball, not for sports in general. Banner reveals that for all the well-documented foibles of major league owners, baseball has consistently received and followed antitrust advice from leading lawyers, shrewd legal advice that eventually won for baseball a protected legal status enjoyed by no other industry in America. As Banner tells this fascinating story, he also provides an important reminder of the path-dependent nature of the American legal system. At each step, judges and legislators made decisions that were perfectly sensible when considered one at a time, but that in total yielded an outcome-baseball's exemption from antitrust law-that makes no sense at all.
Author: Lorenzo Veracini
Publisher: Palgrave MacMillan
Release Date: 2010-11-10
Settler colonialism is a global and transnational phenomenon, and as much a thing of the present as a thing of the past. In this book, Lorenzo Veracini explores the settler colonial 'situation' and explains how there is no such thing as neo-settler colonialism or post-settler colonialism because settler colonialism is a resilient formation that rarely ends. Not all migrants are settlers: settlers come to stay, and are founders of political orders who carry with them a distinct sovereign capacity. And settler colonialism is not colonialism: settlers want Indigenous people to vanish (but can make use of their labour before they are made to disappear). Sometimes settler colonial forms operate within colonial ones, sometimes they subvert them, sometimes they replace them. But even if colonialism and settler colonialism interpenetrate and overlap, they remain separate as they co-define each other.