Dispute Resolution Mechanisms in the Resolution of Comprehensive Aboriginal Claims: Power Imbalance Between Aboriginal Claimants and Governments
AbstractAboriginal claims provide many challenges in the context of dispute resolution. Disputes between different cultures are difficult to resolve, particularly when, as with Aboriginal claims, both cultures exist within the same geo-political nation, and one culture is more powerful than the other. This article focuses on the manner in which negotiation has been, or may be, employed to resolve Aboriginal claims. The process of negotiation is analysed and assessed in terms of the extent to which it facilitates cultural domination, and reinforces power imbalance between the parties. The author concludes by suggesting various means by which the negotiation process may be improved to resolve some of these issues and to redress elements of the power imbalance between the parties. |