Inging The Law
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International Law and the Regulation of Protest
This book provides a systematic analysis of the international legal regime governing protest from a human rights law perspective. Through it, readers gain an introduction to the idea of protest and how it is understood and regulated. The first section of this book provides a conceptual and doctrinal introduction to protests. It examines the human right to the freedom of assembly and how it interrelates with expressive freedoms. Comparative examples are provided from both liberal and non-liberal states. The second half of the book offers case studies on specific types of protest. These include climate protests, Indigenous protests, gender-related protests, citizenship protests and digital protests. The book seeks to draw out internationally recognised standards when it comes to engaging in and policing protest activities. A concluding chapter also looks towards the future governance of protest and protest movements. With timely relevance to contemporary protest movements like Black Lives Matter and Environmental Justice, this book will appeal to academics and students of human rights law, constitutional law and international law. It will also appeal to scholars of social justice, social change and peace/conflict studies.
Aboriginal Peoples, Colonialism and International Law
This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC BY-NC-ND)] 4.0 license.