This article compares American and Canadian case law on Indigenous claims to treaty protected logging. It argues that the recent 2005 R. v. Marshall decision, like the earlier American decision in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. Voigt, applies an assumption that tribal treaty negotiators were uninterested in reserving any treaty rights other than those denominated "traditional" by the court. It examines this assumption through a discussion of the logical evolution of treaty protected rights and the moderate-living doctrines. For the most part the imposition of the assumption precludes Indigenous commercial exploitation under treaty jurisprudence while undermining other judicial interpretive methodologies that are more protective of tribal interests.

By contributing knowledge and expertise in the monitoring of states’ compliance with their international human rights obligations, domestic NGOs may be able to increase the representation of minority groups and increase the democratic legitimacy of decision-making processes. However, existing research suggests that hurdles are likely to limit the effective participation of some domestic NGOs, which in turn limits their ability to represent minority groups.

To illustrate the impact of hurdles, this paper seeks to identify what hurdles are likely to limit the ability of domestic NGOs’ representation of migrant worker issues, in the ASEAN region, in UN decision-making forums. By contributing knowledge and expertise in the monitoring of states’ compliance with their international human rights obligations, domestic NGOs may be able to increase the representation of minority groups and increase the democratic legitimacy of decision-making processes. However, existing research suggests that hurdles are likely to limit the effective participation of some domestic NGOs, which in turn limits their ability to represent minority groups.

To illustrate the impact of hurdles, this paper seeks to identify what hurdles are likely to limit the ability of domestic NGOs’ representation of migrant worker issues, in the ASEAN region, in UN decision-making forums. It is through the experience of domestic NGOs providing direct services to migrant workers that equips them with the knowledge and expertise for identifying issues which require legal reform or greater legal protection. However, as some domestic NGOs in the ASEAN region face limitations for their activities at the national level and some migrant worker issues are cross-border in nature, domestic NGOs may need to rely on avenues at the supranational level to advocate for migrant worker rights.

This research aims to identify what hurdles in the UN’s participatory frameworks and practices are likely to limit NGOs’ ability to participate effectively, and to propose possible reforms to ensure the effective participation of domestic NGOs. This will be achieved through the methodological approach of doctrinal analysis.

The inland river water regulations in India have become complicated by debates over river ownership, environmental sustainability, native aspirations, and industrial growth. This Article argues that such complexities surrounding the river water regulations inform a "state of entanglement" which cannot be addressed without invoking the unique way the Indian state is embedded within Indian society. This Article suggests that public interest litigation and increased participation for stakeholders and the common people may offer an effective mechanism to overcome the obstacles of the entanglement of state and society in India.

This article considers the problematic place of individual American Sāmoans who have been denied full membership within the American political community, first due to the colonialist arcane notion of being unfit for full membership in the American community on racial and cultural grounds embodied in the Supreme Court's Insular Cases, and second, because these same cases have been repurposed, ostensibly to protect Indigenous culture. To that end, this article reviews the United States Tenth Circuit Court of Appeals' recent decision in Fitisemanu et al.v. United States, where a split panel reversed the U.S. District Court recognition of birthright citizenship to those born within American Sāmoa. The Appeals Court's decision determined that American Sāmoa was not within the scope of the 14th Amendment to the U.S. Constitution through a controversial repackaging of the so-called Insular Cases, which have been criticized as being emblematic of racialist and colonialist jurisprudence that justified the denial of rights to inhabitants of American colonial territories.

In the eyes of many politicians and analysts Aotearoa New Zealand's "independent" foreign policy is being undermined. Critics argue that closer security arrangements with Australia and NATO as well as the possibility that New Zealand will join Pillar II of AUKUS would reverse the country's ability to chart a pragmatic self-determining approach in its foreign policy.

Recently, former Prime Minster Helen Clark and former National Party leader Don Brash put aside their historical animosity to argue that a decision to join AUKUS would "abandon our independent foreign policy in favor of unqualified support for America's 'China containment policy.'" They accused New Zealand's current government of deciding to "throw in our lot with America's attempt to slow China's economic rise and keep it tightly hemmed in by American forces." Various members of the opposition Labor Party have similarly argued against a New Zealand presence in AUKUS, describing the pact as an attempt to "wedge" China and a trade threat.

The ambiguous international status of Taiwan, the 38-year period of authoritarian rule, and the development of a competitive democratic polity have profoundly shaped forms of democratic mobilization and discourse. This politics has been further deepened by an increased awareness of human, and inter alia indigenous, rights. Notions of national identity, which include the advancement of multicultural and indigenous values, are in part due to the ongoing development of a national consciousness based on Chinese and liberal values. This process overlays profound political and cultural fissures as to whether Taiwanese identity is essentially part of a larger Chinese identity or a more geographically limited national identity. The chapter argues that Taiwanese populism is less about opposition to elite privilege and mass unmediated politics and more influenced by the ongoing question of Taiwanese national identity and how minority and indigenous groups fit into this democratic polity.

Statistics around the world indicate that there is a continuous increase in the number of children who come into contact with the criminal law. Sri Lanka is no exception. Under these circumstances, the focus of this thesis has been on children who come into conflict with the criminal law of Sri Lanka. The study examines both the treatment of children in conflict with the criminal law and the process of administration of justice for children within the framework of the juvenile justice system of Sri Lanka. While evaluating the judicial process for these children in Sri Lanka, especial attention is paid to the extent to which this process adheres to accepted international norms that promote children’s rights. In reflecting on the degree to which international standards of children’s rights are thus embedded in the Sri Lankan juvenile justice system, it is anticipated that this work will provide deeper insights into what needs to be done to improve justice for children within this system.

Accordingly, this thesis seeks to argue and demonstrate that Sri Lanka, as a state party to the United Nations Convention on the Rights of the Child (UNCRC), violates the established human rights of children in conflict with the criminal law. Further, it illustrates that Sri Lanka significantly deviates from the internationally accepted minimum standards for managing child offenders.

Several research methods were used to establish these two arguments. The methods included an extensive literature review, law-policy analysis, case studies, and doctrinal methods. The analysis of pre-sentencing reports, stakeholder interviews (with key informants – KI), focus group discussions with KIs, and observational visits to courts, police stations, juvenile detention centres and probationary offices provided useful empirical evidence.

Analysis of Sri Lankan laws and policies related to juvenile justice points to significant gaps in the existing juvenile justice system and departures from the expected international conceptual framework, while the interviews, presentence reports, case studies and observational visits to juvenile justice agencies reveal empirical evidence to support that Sri Lanka does violate the UNCRC in relation to how juvenile offenders are managed. It is also seen from this analysis that Sri Lanka is far from meeting the minimum international standards envisaged by the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (‘The Beijing Rules’) in respect to managing children in conflict with the criminal law.