Query Result Set
Skip Navigation Links
   ActiveUsers:743Hits:21041544Skip Navigation Links
Show My Basket
Contact Us
IDSA Web Site
Ask Us
Today's News
HelpExpand Help
Advanced search

  Hide Options
Sort Order Items / Page
SARSON, LEAH (1) answer(s).
 
SrlItem
1
ID:   188987


Shifting Authority: Indigenous Law-Making and State Governance / Sarson, Leah   Journal Article
Sarson, Leah Journal Article
0 Rating(s) & 0 Review(s)
Summary/Abstract How can Indigenous law-making affect state authority? I examine this in the context of Canada’s extractive sector, where I question how and when Indigenous laws prevail over state laws to challenge colonial authority and reassert Indigenous self-determination. Although the state claims supreme authority, Indigenous governments are enacting their own laws, laws that are sometimes in tension with those of the state. I demonstrate that while the state usually responds to contentious Indigenous law-making with conflict, under certain conditions Indigenous communities can incite the state to reverse its position to one of acquiescence or cooperation. By drawing on insights from three Indigenous communities in Canada, I offer four conditions under which Indigenous peoples and governments may be able to compel the state to relent and accrue authority, including by preparing to engage in a long-term project, by fomenting community cohesion, by exploiting evolving international norms related to Indigenous rights, and by offering viable governance alternatives to colonial legislation. By highlighting new sites of authority and resistance, this work underscores the transformative possibilities of Indigenous politics.
Key Words Canada  Authority  Indigenous 
        Export Export