Interrogating Land Claim Settlements: I . Coolican, Grimshaw,

1
Interrogating Land Claim Settlements I .
Coolican, Grimshaw, Weaver

• Coolican Is there real power-sharing?
• Grimshaw Structures of accommodation tend to be
  inherently unstable. Is this one? In what
  respect?
• e.g., re demography probable change in
  ideology or power resources inadequate human or
  social capital corruption inherent
  contradictions excessive complexity
  illegitimate with constituents other?
• Weaver Does the settlement embody the New
  Paradigm (vs colonialism)
• - permanent organic relationship (vs finality or
  termination)
• - rights-based (justice-based), not needs-based
• - allows for continued cultural adaptation of
  FNs
• - emphasis on fairness, not narrow legalistic
  interpretation
• - empowerment (power-sharing) jointly
  formulated policy
• - respect for aboriginal traditional knowledge
  vs Eurocentric

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Interrogating Land Claim SettlementsII. RCAP

• A. Does the settlement honour RCAPs Basic
  Principles of a Renewed Relationship? (Vol 1,
  p. 675-91) Mutual Recognition Mutual Respect
• Sharing Mutual Responsibility
• B. Does the Settlement Provide Adequately for
  Capacity-Building?
• - to set up govts to negotiate new intergovtl
  arrangements to exercise govtl powers over the
  long term
• C. Does the Settlement Buttress Legitimacy
• D. Is the Settlement Adequately Resourced?
• E. Adequecacy of Transition Provisions?