Academic literature on the topic 'Sovereignity was never ceded'

According to the Supreme Court of Canada, Aboriginal title is a property right, albeit of a distinctive kind. Most significantly, the right is subject to an inherent limit: title lands cannot be used in a way that deprives present and future generations of the right to use the land. Aboriginal title is also encumbered by a restraint on alienation, and has its source in Aboriginal legal systems that predate and survive the assertion of Crown sovereignty. In this paper, we argue that these features of Aboriginal title are not burdensome judicial innovations on a property right, but are instead the essential contours of a sovereign right. That is, the Court’s own description of Aboriginal title does not comport with sound theoretical understandings of a property right. Aboriginal title is much more akin to a right of sovereignty—the right to make laws about the use of a territory. Aboriginal title is the right of law-making jurisdiction over the title lands. The existing literature, while edging towards the view that Aboriginal title is a sovereign right, has lacked the unifying theoretical basis needed to decisively dispatch the Court’s property paradigm. In particular, all extant accounts find the inherent limit inexplicable. The account in this article theorizes and explains the inherent limit, as well as all of the sui generis elements of Aboriginal title, and shows their interconnectedness. Our view additionally answers a number of questions that the Court’s property paradigm does not, including: (1) what laws primarily govern title lands; (2) who has standing to question whether any particular use of title land violates the inherent limit; (3) what is the status of private land interests that overlap with Aboriginal title lands; and (4) how should the doctrine of Aboriginal title be updated in light of jurisprudential developments emphasizing that Indigenous peoples never ceded their sovereignty?

The outbreak of further hostilities between Chad and Libya in August 1987 was occasioned by a dispute concerning sovereignty over the so-called Aouzou Strip in northern Chad. The extent of Libyan involvement in Chad is motivated to a large degree by this territorial claim. This dispute must be distinguished from Libya's wider ambitions for Arab unity or its involvement in Chad's civil war, although it would appear true to say that Libya was thereby seeking to consolidate its hold on the Aouzou Strip. Documentary evidence exists to support the contention that a genuine territorial claim exists. In addition, it is interesting to note that, while Libya appeared to have resigned itself to the victory of President Habre's forces in the civil war and the defeat and expulsion of its forces from the rest of Chad in the early part of 1987, the capture of Aouzou by Habre's forces in August 1987 resulted in an ongoing military response brought to a tentative conclusion in September 1987 by the OAU. Colonel Gadafi has been reported as saying that, if Chad ceded the Aouzou Strip, he would regard the war as over and would never again interfere in Chad's internal affairs. Moreover, Colonel Gadafi's support for the rival factions in Chad has wavered according to their position on the question of the Aouzou Strip. The purpose of this short article is to analyse Libya's territorial claim to the disputed territory.

Abstract The long-standing dispute between Spain and the United Kingdom over the British overseas territory of Gibraltar was characterized in 2012 by repeated Spanish incursions into Gibraltar’s territorial sea. Spain claims these waters as Spanish historic waters that were never ceded to Great Britain under the Treaty of Utrecht 1713, and therefore insists that Gibraltar has no territorial sea. The United Kingdom maintains that Gibraltar’s entitlement to a territorial sea is in keeping with international law. Although the terms of the Treaty of Utrecht are open to interpretation, the Spanish position does not appear to be compatible with the law of the sea.

The Scottish referendum of autumn 2014 has been debated as if it was a unique moment in the country's history, and in several senses it was indeed unprecedented – in the level of engagement by citizens which it stimulated, in the acceptance by all sides to the debate that the decision on independence was Scotland's alone (which was an implicit recognition of popular sovereignty), and in its being the first ever democratic and explicit endorsement of the Union by Scotland. Nevertheless, there is also a sense in which the pattern of protest and compromise that led to the referendum and that pervades its aftermath is very familiar – the latest in a series of such processes that have characterised Scotland's always evolving place in the Union since 1707. Radical challenge is followed by pragmatic adjustment as the state cedes just enough power to keep the Union intact for the time being, a compromise which sows the seeds of the next phase of radical rebellion. That is why Scotland's position never fully satisfies anyone, and why, on this occasion, the basis for a new challenge to the Union (and for a new compromise to that new challenge) has probably already been laid before even the outcome of this referendum has been fully settled.

This paper reports the salvage excavations of a shell midden at Hope Island, Gold Coast City, southeast Queensland. Archaeological investigations were carried out in the Gold Coast region during the late 1960s and early 1970s (e.g. Haglund-Calley and Quinnell 1973; Haglund 1975, 1976), but as academic input into the area waned it became something of a folk theory in the mainstream Anglo-Saxon community that nothing worthwhile in the way of archaeological evidence remained in the area. The Kombumerri people, traditional owners who have never ceded title to their land, knew differently. This paper follows an extensive site recording program undertaken by the Kombumerri Cultural Centre and the Anthropology Museum, University of Queensland, which has clearly demonstrated the correctness of their view: material evidence of significance to the local Aboriginal community abounds within the Gold Coast City limits and its environs.

First Nations’ self-government treaties have arisen solely in British Columbia, to the exclusion of every other Canadian province. At first glance, the amount of historical treaties enacted in what is now Ontario prevents new claims from being pursued. Therefore, the assumption exists that because the majority of British Columbia’s land mass was never formally ceded to the Crown, the opportunity to do so has now presented itself. However, identifying the amount of historical treaties as the sole influence over the contemporary process of land claims is an assumption that excludes the importance of regional circumstances in emerging self-government treaties. Therefore, the intention of this paper is to establish that this assumption is inadequate, and that regionalism better explains the historical, political, legal, and geographical reasons why First Nations’ self-government has surfaced exclusively in BC.

The article examines how the "native city" is constructed and remembered in the works of the Italian refugee and later emigrant, Gianni Angelo Grohovaz. Born in Fiume (Italy) in 1926, Grohovaz was forced to abandon his city when it was ceded, as spoils of war, to Yugoslavia. After eventually emigrating to Canada, Grohovaz became not only an eloquent voice on behalf of Italian-Canadians, but also a passionate poet for a world and a civilization destroyed, in his view, first by the aftermath of the war and then by Italy's own perfidy towards Fiume and Istria. Though never able to overcome the pain, Grohovaz does eventually reconcile himself with this irreparable loss of a home, a hometown, and a way of life by suggesting that Canada is, in some ways, very much like Fiume and Fiume is, in some ways, very much like Christ.

Abstract The golden line, a Latin versification exercise in British classrooms since at least 1612, appears to have no basis in the classical tradition. It was resisted by the academy for decades — if not centuries. Then, as Latin versification ceded its central role in schools and universities, resistance withered. New generations of scholars had never encountered the golden line as a composition exercise, and they saw instead the golden line as a critical tool for interpreting Latin poetry. After the 1950s, the golden line spread to Italy, Spain, Belgium, Germany, France, and beyond. A classroom exercise helped shape scholarship worldwide. Yet the golden line is an even more striking example of scholarship from below, because it thrived due to its documented appeal to the students who identified and composed them. From the 1600s until today, students have expressed pride and joy in identifying and composing golden lines. Student preferences often shape pedagogical canons and classroom practice, but the golden line went still further. Today, Latinists worldwide analyse poets of the classical canon by counting and discussing their golden lines. Student preferences for a school exercise have changed not only pedagogy but scholarly practice.

Rumors circulated for years about the fabulous wealth to be found in the Black Hills, an area in Dakota Territory, U.S.A., ceded to the Sioux Nation in 1868. Although the Sioux Nation was determined to keep all outsiders out, the U.S. government decided to send an expedition into the hills during the summer of 1874, partly to map them for military purposes and partly to quell rumors about gold and other economic commodities. The expedition was led by Lieutenant Colonel George A. Custer (1839-1876) of the U.S. Seventh Cavalry. Newton Horace Winchell (1839-1914), director of the Geological and Natural History Survey of Minnesota, was invited to join as chief geologist. His official reason for participating was to collect geologic specimens together with skins of animals for a newly formed Museum of Natural History. Prospectors also accompanying the expedition purportedly found gold at several places. Their finds were described in official dispatches written by Custer and in unofficial accounts prepared by newspaper reporters accompanying the expedition. Upon his return from the field, Custer emphasised the discoveries and their economic potential. At about the same time Winchell told reporters that the reports and the newspaper accounts were greatly exaggerated and that he had personally seen no trace of gold. Controversy continued over the next several months, mainly in the newspapers. In late 1874, Custer suggested that Winchell never saw gold because he never looked for it. Custer's view prevailed as pressure mounted to open the Black Hills to exploration. In the summer of 1875, the government sent a second expedition to the hills primarily to resolve the differing views of Custer and Winchell. That expedition found considerable evidence for economic quantities of gold, an act that further inflamed the Sioux. Consequently, many fled the reservation for parts of Montana and in January 1876 the Army was ordered to force the Native Americans back onto the reservation. That campaign led to the Battle of the Little Big Horn and to the death of Custer and his Seventh Cavalry on 21 June 1876. Although Winchell continued to serve as Minnesota State Geologist for 28 years and lived until 1914, he never again mentioned his role in the discovery of gold in the Black Hills.

This article aims to examine how Matacong Island, a small island just off the coast of the Republic of Guinea, West Africa, was claimed its possession by local chiefs, how it was leased to and was used by European and Sierra Leonean merchants, and how it was colonized by Britain and France in the 19th century. In 1825 the paramount chief of Moriah chiefdom agreed to lease the island to two Sierra Leonean merchants, and in 1826 it was ceded to Britain by a treaty with chiefs of the Sumbuyah and Moriah chiefdoms. Since the island was considered as a territory exempted from duty, British and Sierra Leonean merchants used it as an important trading station throughout the 19th century. Major exports of Matacong Island included palm kernels, palm oil, hides, ivory, pepper and groundnuts, originally brought by local traders from the neighboring rivers, and major imports were tobacco, beads, guns, gunpowder, rum, cotton manufactures, iron bars and hardware of various kinds. In 1853 alone, some 80 vessels, under British, American, and French flags, anchored at Matacong Island. By the convention of 1882, Britain recognized the island as belonging to France. Although the convention was never ratified, it was treated by both countries as accepted terms of agreement. The article considers various dynamics of usage, property, and territorial possession as relates to the island during the 19th century, and reveals how complex they were, widely making use of the documents of The Matacong Island (West Africa) Papers at the University of Birmingham Library in Britain. The collection purchased by the library in 1969 is composed of 265 historical documents relating to Matacong Island, such as letters, agreements, newspaper-cuttings, maps and water-color picture

As a First Nations person belonging to the Bulluk-Willam people of the Woiwurrung nation from the Coranderrk Aboriginal Station, Wadawurrung in Geelong, and Monaro peoples in Cooma, I’m a duty-bound to educate not only the First Nations peoples, but the wider community of the 60,000 plus years history of the continent now known as Australia. The former British Empire and successive settler governments failed to recognise the truth, the whole truth, and nothing but the truth of the colonisation of Australia, its unlawfulness and the injustices that had been created. For the benefit of the reader, I have chosen to use the term “First Nations peoples” rather than “Indigenous people and Aboriginal and Torres Strait Islander people”. I argue that First Nations peoples had lawful transnational sovereign authority, which included being the holders of citizenship rights and having a system of jurisprudence self-governance where they had entered into legally binding treaties and land rights agreements prior to the arrival of Lieutenant James Cook on 29 April 1770 (de Costa, 2006; Diamond, 1997; Kenny, 2008; Presland, 1994; Trudgen, 2000). The Act of Settlement 1700 (UK) denounced the monarch’s lawful right to be a sovereign ruler over citizens, which means it was also applicable to their vice-regal representative. I argue that same lawful sovereign authority had been given to each person from each language belonging to the First Nations peoples residing on the continent of Australia and its surrounding islands. Even the first convicts and “free settlers” held lawful sovereign rights and not their monarch. The Law of Nations under European law (de Vattel, 1844) concluded that the First Nations peoples had lawful sovereignty, a civil society, and a political system of independent self-governance. However, the unlawful acquisition of Australia was to provide both an international trading base for the United Kingdom after the end of the American Civil War and a convict outpost (Blainey, 1966; Dallas, 1978; Frost, 2011, 2013; Hawkesworth, 1774). Thus, an extinguishing of the lawful determinations of transnational jurisprudence sovereign authority (B. McKenna & Wardle, 2019) validated a self-governing colony of Australia. The extinguishment of the First Nations peoples’ lawful transnational jurisprudence sovereign authority continued when Australia became a federated nation with its United Kingdom Constitution, An Act to Constitute the Commonwealth of Australia (UK). Yet, it was, and still remains, a quasi-system of governance (Quick & Garran, 1902). However, after the end of the First World War when Australia joined the League of Nations in 1920, all levels of the parliamentary systems, the Constitution and the judiciary became null and void (G. Butler, 1925). The Mabo v. Queensland (No. 2) HCA 23; 175 CLR 1 (3 June 1992) decision refuted the myth that the continent, now known as of Australia, was previously terra nullius, a land belonging to no one. Since the 1980s, federal governments, via a system of defensive nationalism and popular sovereignty (de Costa, 2006), had gifted themselves an unlawful sovereignty and nation-state independence (B. McKenna & Wardle, 2019). Finally, since 26 January 1788, Australia has had an ongoing independent sovereign nation-state identity crisis and has been suffering from internal and external haemorrhaging. Appendix A details the first action needed by going outside all domestic parliaments and courts to the Government Legal Department in London to rectify the unlawful system of governance, judiciary, and regal representatives. This was first suggested by John Newfong in 1972 at the Aboriginal Tent Embassy (Newfong, 1972). The second action lies in Appendix B, the Sovereign Australia Constitution Act (Aus).
Masters of Art

Women have participated in conservative movement politics throughout the twentieth century. From opposition mounted against Progressive-era health and welfare legislation to protests against Franklin Roosevelt’s New Deal to culture war battles with feminists, conservative women have never completely ceded the right side of the political spectrum to men. Essentialist notions of what is “natural” to women, their bodies, and their connection to children and the family, have been the basis of conservative female politics throughout the twentieth century and beyond. Women on the right have drawn from a corpus of beliefs, ideals, and assumptions passed down from generations of political forbears about the natural conservatism of women—an intuitive drive to protect the young and bring calm to the space around them. This chapter examines the impact of that ideology, in its various iterations, over the course of the twentieth century.

In our apparently postcolonial age, colonization is proceeding apace in Goolarabooloo country near Broome in Western Australia where sovereignty has never been ceded, and no treaty ratified. The colonial ‘settler’ economy was established in the late 19^th century with the pearling and pastoral industries, but today it is multinational mining companies (‘extraction colonialism’) that are extending their reach with the urging of the State government and even some Aboriginal agencies. This ethnographic study describes two ‘worlds’: Those (the ‘Moderns’) who like to see themselves as ‘naturally’ extending the territory of a universalist modernity via their institutions of science and technology, governmental organisation, the law and the economy. Under scrutiny, this world turns out to be less robust institutionally and conceptually than it pretends to be; it operates with fantasies, blunders, poor planning, little negotiation and waste. Often it works, but in the instance of the four-year struggle between Woodside Energy and the Goolarabooloo, the latter was able to resist the former’s desire to build a liquefied gas plant on their traditional land. Woodside and its partners left with billions of dollars wasted in the effort. The ‘world’ of the Indigenous Goolarabooloo is the second group of institutions my extended ethnography will describe.

In the early colonies, alternative forms of society could be a source of anxiety. Religious and social cohesion was a concern in what was often an unmastered environment. Accounts of the early colonies reflect on the cohesion of a society made up of settlers and slaves. The self-interest of colonists could be acknowledged as problematic for public order, and the desires of slaves as disruptive to property. In practice, some property was ceded to slaves, and strategies were described to motivate slaves by granting comparative favour. Depictions of the uncultivated environment reflect anxieties about the proximity of unmastered spaces outside the colonies. There were also internal frontiers maintained by shared practices, such as hospitality and the consumption of alcohol. A number of testimonies about the maroon slaves illustrate concerns with culture and subversion, as well as the role of rumour in the early colonies. Further tensions in the colonies developed from desire, and related to questions surrounding marriage, manumission and métissage. Métissage, like manumission, was never considered outside distinct social contexts, and illustrates the instability within the slave society.

My aim is to look at the current condition of global capitalism and the role that a ‘new’ imperialism might be playing within it. I do so from the perspective of the long durée and through the lens of what I call historical-geographical materialism. I seek to uncover some of the deeper transformations occurring beneath all the surface turbulence and volatility, and so open up a terrain of debate as to how we might best interpret and react to our present situation. The longest durée any of us can actually experience is, of course, a lifetime. My first understandings of the world were formed during the Second World War and its immediate aftermath. Then, the idea of the British empire still had resonance and meaning. The world seemed open to me because so many spaces on the world map were coloured red, an empire upon which the sun never set. If I needed any additional proof of ownership, I could turn to my stamp collection—the head of the British monarch was on stamps from India, Sarawak, Rhodesia, Nyasaland, Nigeria, Ceylon, Jamaica . . . But I soon had to recognize that British power was in decline. The empire was crumbling at an alarming rate. Britain had ceded global power to the United States and the map of the world started to change colour as decolonization gathered pace. The traumatic events of Indian independence and partition in 1947 signalled the beginning of the end. At first I was given to understand that the trauma was a typical example of what happens when ‘sensible’ and ‘fair’ British rule gets replaced by irrational native passions and reversions to ancient prejudices (a framework for understanding the world that was and is not confined to Britain and has exhibited remarkable durability). But as struggles around decolonization became fiercer, so the seamier and more nefarious side of imperial rule became more salient. This culminated, for me and for many others of my generation, in the Anglo-French attempt to take back the Suez Canal in 1956.