Original Nation Approaches to Inter-National Law

The Quest for the Rights of Indigenous Peoples and Nature in the Age of Anthropocene

Authors: Fukurai, Hiroshi, Krooth, Richard

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  • 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
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Hardcover $159.99
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About this book

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.

About the authors

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). He is specialized in lay adjudication, indigenous approaches to international law, and Asian law and politics. His books include Japan and Civil Jury Trials: The Convergence of Forces (2015); East Asia’s Renewed Respect for the Rule of Law in the 21st Century (2015); Race in the Jury Box (2003); Anatomy of the McMartin Child Molestation Case (2001); and Race and the Jury: Racial Disenfranchisement and the Search for Justice (1993, Gustavus Meyers Human Rights Award).

Richard Krooth is a practicing attorney and Research Associate at the University of California, Santa Cruz, USA. His research reveals how human-made technologies have had a devastating impact on Earth’s biosphere, and attempts to put the current planetary crisis into the context of its historical setting. His books include Darwin’s Walk and the Last Wave: Disappearing Landscapes, Declining Species (2017); Nuclear Tsunami: Japanese Government and American Role in Fukushima Disaster (2015); and Gaia and the Fate of Midas: Wrenching Planet Earth (2009).

Reviews

“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)

Table of contents (8 chapters)

Table of contents (8 chapters)
  • Introduction: The Original Nation Scholarship

    Pages 1-20

    Fukurai, Hiroshi (et al.)

  • The Nation and the State

    Pages 21-69

    Fukurai, Hiroshi (et al.)

  • The Conflict Between the Nation and the State

    Pages 71-104

    Fukurai, Hiroshi (et al.)

  • Original Nation Approaches to Inter-National Law (ONAIL)

    Pages 105-179

    Fukurai, Hiroshi (et al.)

  • The Lakota Nation’s Search for Independence: The Nation of Lakota Versus the State of “the United States of America” and the Constitutional Amendments for National Liberation

    Pages 181-212

    Fukurai, Hiroshi (et al.)

Buy this book

eBook $119.00
price for USA in USD
  • ISBN 978-3-030-59273-8
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $159.99
price for USA in USD
  • ISBN 978-3-030-59272-1
  • Free shipping for individuals worldwide
  • Institutional customers should get in touch with their account manager
  • Covid-19 shipping restrictions
  • Usually ready to be dispatched within 3 to 5 business days, if in stock
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Bibliographic Information

Bibliographic Information
Book Title
Original Nation Approaches to Inter-National Law
Book Subtitle
The Quest for the Rights of Indigenous Peoples and Nature in the Age of Anthropocene
Authors
Copyright
2021
Publisher
Palgrave Macmillan
Copyright Holder
The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG
eBook ISBN
978-3-030-59273-8
DOI
10.1007/978-3-030-59273-8
Hardcover ISBN
978-3-030-59272-1
Edition Number
1
Number of Pages
XXII, 370
Number of Illustrations
1 b/w illustrations
Topics