POSSESSING THE PACIFIC

Author: Stuart Banner
Publisher: Harvard University Press
ISBN: 9780674020528
Release Date: 2009-06-30
Genre: History


POSSESSING THE PACIFIC

Author: Stuart Banner
Publisher: Harvard University Press
ISBN: 0674026128
Release Date: 2007
Genre: History

Tells the story of colonial settlement in Australia, New Zealand, Fiji, Tonga, Hawaii, California, Oregon, Washington, British Columbia and Alaska, and how the settlers acquired vast amounts of land from the indigenous people. This acquisition still shapes the relations between whites and indigenous people in most of the world.

Settler Sovereignty

Author: Lisa Ford
Publisher: Harvard University Press
ISBN: 0674035658
Release Date: 2010
Genre: Law

In a brilliant comparative study of law and imperialism, Lisa Ford argues that modern settler sovereignty emerged when settlers in North America and Australia defined indigenous theft and violence as crime. This occurred, not at the moment of settlement or federation, but in the second quarter of the nineteenth century when notions of statehood, sovereignty, empire, and civilization were in rapid, global flux. Ford traces the emergence of modern settler sovereignty in everyday contests between settlers and indigenous people in early national Georgia and the colony of New South Wales. In both places before 1820, most settlers and indigenous people understood their conflicts as war, resolved disputes with diplomacy, and relied on shared notions like reciprocity and retaliation to address frontier theft and violence. This legal pluralism, however, was under stress as new, global statecraft linked sovereignty to the exercise of perfect territorial jurisdiction. In Georgia, New South Wales, and elsewhere, settler sovereignty emerged when, at the same time in history, settlers rejected legal pluralism and moved to control or remove indigenous peoples.

The Baseball Trust

Author: Stuart Banner
Publisher: Oxford University Press
ISBN: 9780199930302
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.

Empire Barbarism and Civilisation

Author: Harriet Guest
Publisher: Cambridge University Press
ISBN: 9780521881944
Release Date: 2007-12-20
Genre: Biography & Autobiography

An original and richly illustrated study of the pictorial and written representations of Cook's voyages.

How the Indians Lost Their Land

Author: Stuart BANNER
Publisher: Harvard University Press
ISBN: 9780674020535
Release Date: 2009-06-30
Genre: History

Between the early seventeenth century and the early twentieth, nearly all the land in the United States was transferred from American Indians to whites. How did Indians actually lose their land? Stuart Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers. Instead, time, place, and the balance of power between Indians and settlers decided the outcome of land struggles.

Aboriginal Title and Indigenous Peoples

Author: Louis A. Knafla
Publisher: UBC Press
ISBN: 9780774859295
Release Date: 2011-01-01
Genre: Law

Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.

Indigenous Data Sovereignty

Author: Tahu Kukutai
Publisher: ANU Press
ISBN: 9781760460310
Release Date: 2016-11-14
Genre: Social Science

As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines

Pacific Histories

Author: David Armitage
Publisher: Macmillan International Higher Education
ISBN: 9781137001641
Release Date: 2014-01-23
Genre: History

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.

The Routledge History of Western Empires

Author: Robert Aldrich
Publisher: Routledge
ISBN: 9781317999874
Release Date: 2013-12-04
Genre: History

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.

Emptied Lands

Author: Alexandre Kedar
Publisher: Stanford University Press
ISBN: 9781503604582
Release Date: 2018-02-27
Genre: Law

Emptied Landsinvestigates the protracted legal, planning, and territorial conflict between the settler Israeli state and indigenous Bedouin citizens over traditional lands in southern Israel/Palestine. The authors place this dispute in historical, legal, geographical, and international-comparative perspectives, providing the first legal geographic analysis of the "dead Negev doctrine" used by Israel to dispossess and forcefully displace Bedouin inhabitants in order to Judaize the region. The authors reveal that through manipulative use of Ottoman, British and Israeli laws, the state has constructed its own version ofterra nullius. Yet, the indigenous property and settlement system still functions, creating an ongoing resistance to the Jewish state.Emptied Landscritically examines several key land claims, court rulings, planning policies and development strategies, offering alternative local, regional, and international routes for justice.

Discovering Indigenous Lands

Author: Robert J. Miller
Publisher: Oxford University Press
ISBN: 9780199579815
Release Date: 2010-08-12
Genre: Law

North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. This book analyses how England applied this doctrine to gain control over the lands, property, government, and human rights of the indigenous peoples, and how this control continues to this day.

Decolonisation and the Pacific

Author: Tracey Banivanua Mar
Publisher: Cambridge University Press
ISBN: 9781316683989
Release Date: 2016-04-26
Genre: History

This book charts the previously untold story of decolonisation in the oceanic world of the Pacific, Australia and New Zealand, presenting it both as an indigenous and an international phenomenon. Tracey Banivanua Mar reveals how the inherent limits of decolonisation were laid bare by the historical peculiarities of colonialism in the region, and demonstrates the way imperial powers conceived of decolonisation as a new form of imperialism. She shows how Indigenous peoples responded to these limits by developing rich intellectual, political and cultural networks transcending colonial and national borders, with localised traditions of protest and dialogue connected to the global ferment of the twentieth century. The individual stories told here shed new light on the forces that shaped twentieth-century global history, and reconfigure the history of decolonisation, presenting it not as an historic event, but as a fragile, contingent and ongoing process continuing well into the postcolonial era.

Empire by Treaty

Author: Saliha Belmessous
Publisher: Oxford University Press
ISBN: 9780199391806
Release Date: 2014-10-30
Genre: History

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.