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Negotiating Tribal Water Rights

Author: Bonnie G. Colby

Publisher: University of Arizona Press

Published: 2005-05

Total Pages: 222

ISBN-13: 9780816524556

Water conflicts plague every river in the West, with the thorniest dilemmas found in the many basins with Indian reservations and reserved water rightsÑrights usually senior to all others in over-appropriated rivers. Negotiations and litigation over tribal water rights shape the future of both Indian and non-Indian communities throughout the region, and intense competition for limited water supplies has increased pressure to address tribal water claims. Much has been written about Indian water rights; for the many tribal and non-Indian stakeholders who rely upon western water, this book now offers practical guidance on how to negotiate them. By providing a comprehensive synthesis of western water issues, tribal water disputes, and alternative approaches to dispute resolution, it offers a valuable sourcebook for allÑtribal councils, legislators, water professionals, attorneysÑwho need a basic understanding of the complexities of the situation. The book reviews the history, current status, and case law related to western water while revealing strategies for addressing water conflicts among tribes, cities, farms, environmentalists, and public agencies. Drawing insights from the process, structure, and implementation of water rights settlements currently under negotiation or already agreed to, it presents a detailed analysis of how these cases evolve over time. It also provides a wide range of contextual materials, from the nuts and bolts of a Freedom of Information Act request to the hydrology of irrigation. It also includes contributed essays by expert authors on special topics, as well as interviews with key individuals active in water management and tribal water cases. As stakeholders continue to battle over rights to water, this book clearly addresses the place of Native rights in the conflict. Negotiating Tribal Water Rights offers an unsurpassed introduction to the ongoing challenges these claims present to western water management while demonstrating the innovative approaches that states, tribes, and the federal government have taken to fulfill them while mitigating harm to both non-Indians and the environment.

Negotiating Peace

Author: Renée Jeffery

Publisher: Cambridge University Press

Published: 2021-03-18

Total Pages: 313

ISBN-13: 1108952089

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In the past two decades, peace negotiators around the world have increasingly accepted that granting amnesties for human rights violations is no longer an acceptable bargaining tool or incentive, even when the signing of a peace agreement is at stake. While many states that previously saw sweeping amnesties as integral to their peace processes now avoid amnesties for human rights violations, this anti-amnesty turn has been conspicuously absent in Asia. In Negotiating Peace: Amnesties, Justice and Human Rights Renée Jeffery examines why peace negotiators in Asia have resisted global anti-impunity measures more fervently and successfully than their counterparts around the world. Drawing on a new global dataset of 146 peace agreements (1980–2015) and with in-depth analysis of four key cases - Timor-Leste, Aceh Indonesia, Nepal and the Philippines - Jeffery uncovers the legal, political, economic and cultural reasons for the persistent popularity of amnesties in Asian peace processes.

Getting to Yes

Author: Roger Fisher

Publisher: Houghton Mifflin Harcourt

Published: 1991

Total Pages: 242

ISBN-13: 9780395631249

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Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.

Negotiating Cultural Rights

Author: Lucky Belder

Publisher: Edward Elgar Publishing

Published: 2017-10-27

Total Pages: 240

ISBN-13: 178643542X

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The various reports on cultural rights by UN Special Rapporteur Faridah Shaheed provide a new universal standard on cultural rights with topics ranging from cultural diversity, cultural heritage, and the right to artistic freedom to the effects of today's intellectual property regimes. The international team of expert contributors to this book reflect upon the many aspects of cultural rights in the reports and present a discussion of how cultural rights support cultural diversity, foster intercultural dialogue, and contribute to inclusive social, economic and political development.

Understanding and Negotiating Book Publication Contracts

Author: Brianna Schofield

Publisher:

Published: 2018

Total Pages: 0

ISBN-13:

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"Copyright law and contract language are complex, even for attorneys and experts. Authors may be tempted to sign the first version of a publication contract that they receive, especially if negotiating seems complicated, intimidating, or risky. But there is a lot at stake for authors in a book deal, and it is well worth the effort to read the contract, understand its contents, and negotiate for favorable terms. To that end, Understanding and Negotiating Book Publication Contracts identifies clauses that frequently appear in publishing contracts, explains in plain language what these terms (and typical variations) mean, and presents strategies for negotiating "author-friendly" versions of these clauses. When authors have more information about copyright and publication options for their works, they are better able to make and keep their works available in the ways they want"--Publisher.

Tribal Water Rights

Author: John E. Thorson

Publisher: University of Arizona Press

Published: 2006-05-25

Total Pages: 312

ISBN-13: 9780816524822

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The settlement of Indian water rights cases remains one of the thorniest legal issues in this country, particularly in the West. In a previous book, Negotiating Tribal Water Rights, Colby, Thorson, and Britton presented a general overview of the processes involved in settling such cases; this volume provides more in-depth treatment of the many complex issues that arise in negotiating and implementing Indian water rights settlements. Tribal Water Rights brings together practicing attorneys and leading scholars in the fields of law, economics, public policy, and conflict resolution to examine issues that continue to confront the settlement of tribal claims. With coverage ranging from the differences between surface water and groundwater disputes to the distinctive nature of Pueblo claims, and from allotment-related problems to the effects of the Endangered Species Act on water conflicts, the book presents the legal aspects of tribal water rights and negotiations along with historical perspectives on their evolution.

Negotiating on Behalf of Others

Author: Robert H. Mnookin

Publisher: SAGE Publications

Published: 1999-10-11

Total Pages: 345

ISBN-13: 1452221340

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Negotiating on Behalf of Others offers a framework for understanding the complexity and effects of negotiating on behalf of others and explores how current negotiation theory can be modified to account for negotiation agents. Negotiation agents are broadly defined to include legislators, diplomats, salespersons, sports agents, attorneys, and committee chairs—anyone who represents others in a negotiation. Five major negotiation arenas are examined in depth: labor-management relations, international diplomacy, sports agents, legislative process, and agency law. The book concludes with suggestions for future research and specific advice for practitioners. Chapter authors and commentators are leading figures in the field of negotiation. Negotiating on Behalf of Others is a must read for professional negotiators, graduate students, and scholars in the areas of business, public policy, law, international relations, sports, and economics. Negotiating on Behalf of Others is the result of the first of a series of seminars conducted by the faculty of the Program on Negotiation at Harvard on "complicating factors" in negotiations. The first of these complicating factors selected for study was the effect of the presence of an agent on the negotiating process.

Contemporary Peacemaking

Author: J. Darby

Publisher: Springer

Published: 2008-06-11

Total Pages: 401

ISBN-13: 0230584551

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Contemporary Peacemaking draws on recent experience to identify and explore the essential components of peace processes. The book is organized around five key themes in peacemaking: planning for peace; negotiations; violence on peace processes; peace accords; and peace accord implementation and post-war reconstruction.

Negotiating Autonomy

Author: Kelly Bauer

Publisher: University of Pittsburgh Press

Published: 2021-03-30

Total Pages: 261

ISBN-13: 0822988119

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The 1980s and ‘90s saw Latin American governments recognizing the property rights of Indigenous and Afro-descendent communities as part of a broader territorial policy shift. But the resulting reforms were not applied consistently, more often extending neoliberal governance than recognizing Indigenous Peoples’ rights. In Negotiating Autonomy, Kelly Bauer explores the inconsistencies by which the Chilean government transfers land in response to Mapuche territorial demands. Interviews with community and government leaders, statistical analysis of an original dataset of Mapuche mobilization and land transfers, and analysis of policy documents reveals that many assumptions about post-dictatorship Chilean politics as technocratic and depoliticized do not apply to indigenous policy. Rather, state officials often work to preserve the hegemony of political and economic elites in the region, effectively protecting existing market interests over efforts to extend the neoliberal project to the governance of Mapuche territorial demands. In addition to complicating understandings of Chilean governance, these hidden patterns of policy implementation reveal the numerous ways these governance strategies threaten the recognition of Indigenous rights and create limited space for communities to negotiate autonomy.

Negotiating Race and Rights in the Museum

Author: Katy Bunning

Publisher: Routledge

Published: 2020-11-29

Total Pages: 144

ISBN-13: 1000222918

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Negotiating Race and Rights in the Museum traces the evolution of pervasive racial ideas, and ‘post-race’ allusions, over more than a century of museum thinking and practice. Drawing on the illuminating history of the Smithsonian Institution, this book offers an account of how museums have addressed and renegotiated wider calls for inclusion, ‘self-definition’, and racial justice, in ways that continually re-centre and legitimise the White frame. Charting the emergence of ‘post-race’ ideas in museums, Bunning demonstrates how and why ‘culturally specific’ approaches have been met with suspicion and derision by powerful museum stakeholders against the backdrop of a changing United States of America, just as they have offered crucial vehicles for sectoral change. This study of the evolution of racial ideas in response to Black empowerment highlights deeply entrenched forms of White supremacy that remain operative within the international museum sector today, and serves to reinforce the urgent calls for the active disruption of racist ideas and the redesign of institutions. Negotiating Race and Rights in the Museum will appeal to those working in the international fields of museum and heritage studies, cultural studies, and American studies, and all who are interested in the production of racial ideas and White supremacy in the museum.