| Loại tài liệu | Tư liệu ngôn ngữ (Sách) | | Mã ngôn ngữ | eng | | | DU420 .T74 | | Tên tác giả | Brownlie, Ian | | Tác giả liên quan | Brookfield, F. M | | Thông tin nhan đề | Treaties and indigenous peoples : The roble lectures 1991 / Brournlie Ian | | Xuẩt bản,phát hành | Oxford : Clarendor, 1992 | | Mô tả vật lý | 105p . ; 22cm
| | Tóm tắt/chú giải | The four lectures of which this little book consists were delivered at the University of Auckland in an annual series in commemoration of late Sir Douglas Robb, Chancellor of the University from 1962 to 1968. The theme is the Treaty of Waitangi, concluded in 1840, and the recent enhancement of the legal status of the Treaty within New Zealand. However, the essential purpose of the lectures is to examine the difficult question of group rights within the specific context of the Maori claims to the recreation of equitable relations between Maori and Pakeha. Thus the concepts of self-determination, of minority rights, and of indigenous peoples, are examined in the light of international law and the standards of human rights. Whilst the situation of the Maori in New Zealand has special features, among which the Treaty of Waitangi is pre-eminent, it is necessary to refer to the framework of human rights and of standard –setting multilateral treaties to which New Zealand is a Party. This broad framework, and the growing importance of group rights on every side, ensure that the subject-matter has a general relevance. In the result, there is a useful traffic between the general and the particular. The author of the lectures is a public international lawyer who has experience in human rights matters as a professional lawyer. The text now offered is identical with the lectures as they were delivered, but with certain limited corrections and emendations. In particular, the New Zealand material has been carefully checked by Professor Brook-field and where necessary certain corrections have been made. In the course of editing the text, Professor Brookfield has considerably enhanced and updated the references. The legal position is stated as at the beginning of September 1991. The book includes 4 parts. There are Equity Between Early and Subsequent Arrivals, The Framework: Group Rights and Self-Determination, Indigenous People: A Relevant Concept, Waitangi: More A Problem than A Solution. Equity Between Early and Sudsequent Arrivals is essentially the question of equity, justice, or dealing, between two groups which can be differentiated on the basis that one group consists of early arrivals and the other of subsequent arrivals. In the case of New Zealand, there are three dimensions to be added. The first is the existence of a group claiming a separate identity and the recognition of this claim within the prevailing political and legal system.The second added dimension which presents formidable problems, and that is the attachment of the Maori as a group to the rightful possession of land. The third and last added dimension is the (probably) unique characteristic of the situation in New Zealand: the recognition by the political and legal system that an agenda of grievances exists, and that in the practical sphere steps should be taken to recreate equitable relations between Maori and Pakeha. The Framework: Group Rights and Self – Determination focused upon the Treaty of Waitangi will be approached from a different angle, that of group rights. Indigenous People: A Relevant Concept talks about self-determination and the protection of minorities. Waitangi: More A Problem than A Solution concentrates on the sense of the structure of these lectures. In New Zealand, there is debate about the very content of agenda, and final answers can only be expected when there is agreement about the questions that should appear on it
| | Từ khóa | 1. . 2. Maori (New Zealand people). |
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