Braiding Legal Orders: Implementing the United Nations Declaration on the Rights of Indigenous Peoples (Paperback)


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Braiding Legal Orders: Implementing the United Nations Declaration on the Rights of Indigenous Peoples By John Borrows (Editor), Larry Chartrand (Editor), Oonagh E. Fitzgerald (Editor), Risa Schwartz (Editor), Oonagh E. Fitzgerald (Editor) Cover Image

Braiding Legal Orders: Implementing the United Nations Declaration on the Rights of Indigenous Peoples (Paperback)

By John Borrows (Editor), Larry Chartrand (Editor), Oonagh E. Fitzgerald (Editor), Risa Schwartz (Editor), Oonagh E. Fitzgerald (Editor)

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Implementation in Canada of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a pivotal opportunity to explore the relationship between international law, Indigenous peoples' own laws, and Canada's constitutional narratives. Two significant statements by the current Liberal government - the May 2016 address by Indigenous Affairs Minister Carolyn Bennett to the Permanent Forum on Indigenous Issues at the United Nations and the September 2017 address to the United Nations by Prime Minister Justin Trudeau - have endorsed UNDRIP and committed Canada to implementing it as “a way forward” on the path to genuine nation-to-nation relationships with Indigenous peoples. In response, these essays engage with the legal, historical, political, and practical aspects of UNDRIP implementation. Written by Indigenous legal scholars and policy leaders, and guided by the metaphor of braiding international, domestic, and Indigenous laws into a strong, unified whole composed of distinct parts, the book makes visible the possibilities for reconciliation from different angles and under different lenses.
John Borrows is senior fellow with the International Law Research Program (ILRP) at the Centre for International Governance Innovation (CIGI). Larry Chartrand is academic director of the Native Law Centre at the University of Saskatchewan. Oonagh E. Fitzgerald is former director of international law at the Centre for International Governance Innovation. Risa Schwartz is a former senior research fellow at CIGI and principal of Risa Schwartz International Law.
Product Details ISBN: 9781928096801
ISBN-10: 1928096808
Publisher: CIGI Press
Publication Date: August 1st, 2023
Pages: 252
Language: English
“A fantastic introduction to different Indigenous legal traditions but, more specifically, to the role they need to play in implementing the UNDRIP within Canada. It focuses not only on consent and natural resource rights but also on language rights and the larger questions concerning self-determination and the goal of a nation-to-nation relationship.” *The Canadian Yearbook of International Law *

“By keeping Canada and [section 35 of the Constitution Act, 1982] squarely in focus, this collection provides an organized and detailed account of how [section] 35 jurisprudence is wholly inadequate and highlights areas that are ripe for immediate change. Braiding Legal Orders provides a useful snapshot of various contemporary perspectives at a time when UNDRIP is increasingly taking centre stage.” Saskatchewan Law Review

"A very rich collection of essays from a diverse range of authors ... I strongly recommend it." Nigel Bankes, Review of Constitutional Studies