1st Edition
Indigenous Peoples and the State International Perspectives on the Treaty of Waitangi
Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand’s Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.
TABLE OF CONTENTS
Notes of Contributors
- Introduction
Carwyn Jones and Mark Hickford
Part One: Foundations of Indigenous/State Relationships
- Māori and State Visions of Law and Peace
- Origin Stories and the Law: Treaty Metaphysics in Canada and New Zealand
- Originalism and the Constitutional Canon of Aotearoa New Zealand
- The Treaty of Waitangi in Historical Context
- Towards a Post-Foundational History of the Treaty
- The Failing Modern Jurisprudence of the Treaty of Waitangi
- ‘Ko te mana tuatoru, ko te mana motuhake’
- Reflecting on the Treaty of Waitangi and its Constitutional Dimensions: A Case for a Research Agenda
- Future Contexts for Treaty Interpretation
- ‘He rangi tā Matawhāiti, he rangi tā Matawhānui’: Looking towards 2040
Carwyn Jones
John Borrows
David V Williams
Part Two: Giving Meaning to the Treaty Through Time
Saliha Belmessous
Bain Attwood
Jacinta Ruru
Part Three: Diverse Sites of the Treaty Relationship
Rawinia Higgins
Mark Hickford
Natalie Coates
Māmari Stephens
Glossary
Index
Biography
Mark Hickford, Pro Vice-Chancellor and Dean of Law, Victoria University of Wellington
Carwyn Jones, Senior Lecturer, Faculty of Law, Victoria University of Wellington