Between Indigenous and Settler Governance addresses the history, current development and future of Indigenous self-governance in four settler-colonial nations: Australia, Canada, New Zealand and the United States. Bringing together emerging scholars and leaders in the field of indigenous law and legal history, this collection offers a long-term view of the legal, political and administrative relationships between Indigenous collectivities and nation-states. Placing historical contingency and complexity at the center of analysis, the papers collected here examine in detail the process by which settler states both dissolved indigenous jurisdictions and left spaces – often unwittingly – for indigenous survival and corporate recovery. They emphasise the promise and the limits of modern opportunities for indigenous self-governance; whilst showing how all the players in modern settler colonialism build on a shared and multifaceted past. Indigenous tradition is not the only source of the principles and practices of indigenous self-determination; the essays in this book explore some ways that the legal, philosophical and economic structures of settler colonial liberalism have shaped opportunities for indigenous autonomy. Between Indigenous and Settler Governance will interest all those concerned with Indigenous peoples in settler-colonial nations.

chapter Chapter 2|11 pages

Vattel in revolutionary America

From the rules of war to the rule of law

chapter Chapter 4|13 pages

‘It would only be just'

A study of territoriality and trading posts along the Mackenzie River 1800–27

chapter Chapter 5|11 pages

Pan-nationalism as a crisis management strategy

John Ross and the Tahlequah conference of 1843

chapter Chapter 7|13 pages

Vanished theocracies

Christianity, war and politics in colonial New Zealand 1830–80

chapter Chapter 10|13 pages

Economy, change and self-determination

A Central Australian case

chapter Chapter 11|14 pages

Land rights and development in Australia

Caring for, benefiting from, governing the indigenous estate

chapter Chapter 12|13 pages

Indigenous land rights and self-government

Inseparable entitlements

chapter Chapter 13|14 pages

Three perversities of Indian law

chapter Chapter 14|12 pages

Section 223 and the shape of native title

The limits of jurisdictional thinking

chapter Chapter 15|13 pages

Whakaeke i nga ngaru – riding the waves

Māori legal traditions in New Zealand public life

chapter Chapter 16|13 pages

Indigenous jurisdiction as a provocation of settler state political theory

The significance of human boundaries