ABSTRACT

This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law.

Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism.

Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.

chapter |13 pages

Introduction

Decolonizing law in the Global North and South: expanding the circle

part |69 pages

Challenging limitations of settler colonialism

chapter 1|17 pages

Decolonizing Anishinaabe nibi inaakonigewin and gikendaasowin research

Reinscribing Anishinaabe approaches to law and knowledge

chapter 3|24 pages

Decolonization in Third and Fourth Worlds

Synergy, solidarity, and sustainability through international law

part |151 pages

Perspectives from the Global North and South

part 1|47 pages

International

chapter 4|25 pages

Mastery and gratitude

Development aid and the colonial condition in Palestine

part 2|101 pages

Sites of engagement

chapter 6|21 pages

Indigenous peoples and Belo Monte Hydroelectric Plant

The mobilization of displaced Indigenous peoples in the urban area of Altamira

chapter 7|23 pages

Unearthing (de)colonial legal relations

Mining law in Aotearoa New Zealand

chapter 9|19 pages

Not empty of laws

Indigenous legal orders and the Canadian state

chapter 10|21 pages

The right to free, prior, and informed consent (FPIC)

Reflections on experiences of two Indigenous communities in northern regions of Canada and Chile

part |60 pages

Decolonizing through Indigenous worldviews

chapter 12|17 pages

(Re)bundling nêhiyaw âskiy

Nêhiyaw constitutionalism through land stories