Sound Science, Careful Policy Analysis, and Ongoing Relationships: Integrating Litigation and Negotiation in Aboriginal Lands and Resources Disputes

Osgoode Hall Law Journal, Vol. 41, 2003

43 Pages Posted: 31 Jan 2009

See all articles by Shin Imai

Shin Imai

York University - Osgoode Hall Law School

Date Written: January 11, 2003

Abstract

Until recently, both courts and dispute resolvers have viewed negotiation and adjudication as two separate processes. What occurred in one process was considered largely irrelevant to what went on in the other. Recently, however, there has been a growing recognition that both processes must work together to resolve disputes over Aboriginal lands and resources. This paper weaves together the emerging trends in court decisions with the new thinking on dispute system design to set out a framework that maximizes the strengths of each process. In this framework, the courts are responsible not only for adjudicating on the substance of Aboriginal and treaty rights, but also for establishing standards for the negotiation process itself, thereby increasing the likelihood of a fair and durable resolution.

Keywords: consultation, negotiation, Aboriginal, Indian, Indigenous, natural resources, environment, dispute resolution, First Nation

JEL Classification: Q28, Q38

Suggested Citation

Imai, Shin, Sound Science, Careful Policy Analysis, and Ongoing Relationships: Integrating Litigation and Negotiation in Aboriginal Lands and Resources Disputes (January 11, 2003). Osgoode Hall Law Journal, Vol. 41, 2003. Available at SSRN: https://ssrn.com/abstract=1326021

Shin Imai (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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