Original Nation Approaches to Inter-National Law
The Quest for the Rights of Indigenous Peoples and Nature in the Age of Anthropocene
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Beschreibung
“A bold shot across the bow of orthodoxy where conceptions of world order are concerned, Original Nation Approaches to Inter-National Law is sure to stimulate reconsideration of a range of past assumptions regarding the legitimacy and even the viability of the prevailing statist system of global dominion. In offering clear alternatives, this book is not only timely but urgently needed.”
—Ward Churchill, author of Struggle for the Land (1993), On the Justice of Roosting Chickens (2003), and Kill the Indian, Save the Man (2004)
“A powerful manifesto for a true ‘Inter-National’ law against the hegemonic ‘international’ system of states and a resounding reminder that human emancipation cannot be separated from ecological justice.”
—Chulwoo Lee, Professor of Law, Yonsei Law School, Korea
This book introduces the Original Nation scholarship to examine the historical genealogy of the nation’s struggles against the state. A fundamentally different portrait of history, geography, politics, and the role of law emerges when the perspective of the nation and peoples is placed at the center of geopolitical analysis of global affairs. In contrast to traditional and canonical state-centric narratives, the Original Nation scholarship offers a diametrically distinct “on-the-ground” and “bottom-up” portrait of the struggle, resistance, and defiance of the nation and peoples. It exposes persistent global patterns of genocide, ecocide, and ethnocide that have resulted from attempts by the state to occupy, suppress, exploit, and destroy the nation. The Original Nation scholarship offers a powerful and widely applicable intellectual tool to examine the history of resilience, emancipatory struggles, and collective efforts to build a vibrant alternative world among the nation and peoples across the globe.
Hiroshi Fukurai is Professor of Legal Studies and Sociology at the University of California, Santa Cruz, USA, and is the Immediate-Past President of the Asian Law and Society Association (ALSA).
Richard Krooth is a practicing attorney and Research Associate at the University of California, Santa Cruz, USA.
This book introduces the Original Nation scholarship to examine the historical genealogy of the nation’s struggles against the state. A fundamentally different portrait of history, geography, politics, and the role of law emerges when the perspective of the nation and peoples is placed at the center of geopolitical analysis of global affairs. In contrast to traditional and canonical state-centric narratives, the Original Nation scholarship offers a diametrically distinct “on-the-ground” and “bottom-up” portrait of the struggle, resistance, and defiance of the nation and peoples. It exposes persistent global patterns of genocide, ecocide, and ethnocide that have resulted from attempts by the state to occupy, suppress, exploit, and destroy the nation. The Original Nation scholarship offers a powerful and widely applicable intellectual tool to examine the history of resilience, emancipatory struggles, and collective efforts to build a vibrant alternative world among the nation and peoplesacross the globe.
Presents an overview of the historical significance of original nation peoples and its political struggles in preserving local sovereignty Offers progressive scholars and political activists practical knowledge to effectively engage in social actions and organizing efforts Formulates an original "Original Nation" approach to international law as a mode of resistance against the false assumptions of national homogeneity of the Third World Approaches to International Law (TWAIL) narratives
Autor*in
Hiroshi Fukurai
Themen in »Original Nation Approaches to Inter-National Law«
Nation State Original Nation Third World Fourth World identity genocide human rights climate change International Law NATO nation-state conflicts Investor State Dispute Settlement SOFA indigenous politics
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“A bold shot across the bow of orthodoxy where conceptions of world order are concerned, Original Nation Approaches to Inter-National Law is sure to stimulate reconsideration of a range of past assumptions regarding the legitimacy and even the viability of the prevailing statist system of global dominion. In offering clear alternatives, this book is not only timely but urgently needed.” (Ward Churchill, author of Struggle for the Land (1993), On the Justice of Roosting Chickens (2003), and Kill the Indian, Save the Man (2004))
“This book results from the most profound and well-illustrated research that diverges and goes beyond traditional and TWAIL discourses, which remain paralyzed on the state as a canonical unit of geopolitical analysis. His ONAIL approach is a catalyst for a much-needed theoretical and practical change of mindset and behavior that prioritizes non-state-centric perspectives and is designed to treat the ecology and environment as indispensable elements of theoretical tenets that negate the human-centric, Anglo-American, and European historical narratives. It is a perfect example of the way a dissenting theory can foster innovation and accentuate largely unheard voices.” (Denis De Castro Halis, Professor of Law, Estácio de Sá University, Brazil)
“A powerful manifesto for a true ‘Inter-National’ law against the hegemonic ‘international’ system of states and a resounding reminder that human emancipation cannot be separated from ecological justice.” (Chulwoo Lee, Professor of Law, Yonsei Law School, Korea)
“Packed with horrifyingly compelling examples from a range of geographical and historical contexts, this comprehensive volume goes beyond reminding us of the massacres, epidemics, land appropriations and ecological disasters that continue to ravage ancestral nations to this day to enjoining us to question the legitimacy and utility of the state-based political order that has come to control the planet with increasingly destructive consequences. This book argues that for humanity to survive a legal and cognitive transformation in ‘international law’ is required that puts collaboration among original nations at its heart.” (Richard Powell, Professor at the College of Economics, Nihon University, Japan)
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