Comparing Native Title And Anglo Australian Land Law
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Comparing Native Title And Anglo Australian Land Law
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Author : Edward George Wensing
language : en
Publisher:
Release Date : 1999
Comparing Native Title And Anglo Australian Land Law written by Edward George Wensing and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Aboriginal Australians categories.
Discusses two sets of rights and interests in land and waters and develops a framework for their comparison at three different levels; environmental, customary and legal; examines factors that influence these rights and interests.
A Guide To Overseas Precedents Of Relevance To Native Title
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Author : Shaunnagh Dorsett
language : en
Publisher: Aboriginal Studies Press
Release Date : 1998
A Guide To Overseas Precedents Of Relevance To Native Title written by Shaunnagh Dorsett and has been published by Aboriginal Studies Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
A comprehensive and easily understood analysis of comparative common law precedents from Canada, the United States and New Zealand that relates to native title and outlines the context in which these decisions were made and their possible applications to Australia.
Aboriginal Customary Law A Source Of Common Law Title To Land
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Author : Ulla Secher
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Aboriginal Customary Law A Source Of Common Law Title To Land written by Ulla Secher and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).
Aboriginal Title And Indigenous Peoples
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Author : Louis A. Knafla
language : en
Publisher: UBC Press
Release Date : 2011-01-01
Aboriginal Title And Indigenous Peoples written by Louis A. Knafla and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.
Laws Of The Land
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Author : Alessandro Pelizzon
language : en
Publisher: LAP Lambert Academic Publishing
Release Date : 2012-05
Laws Of The Land written by Alessandro Pelizzon and has been published by LAP Lambert Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05 with Aboriginal Australians categories.
Native title in Australia has been defined as the recognition of traditional interests in land of Australian Indigenous peoples and it is given content by the traditional laws and customs in which it finds its origin. This book undertakes a study of the theoretical premises upon which the recognition of native title rests from the perspective of comparative law, questioning the conceptual process of identification of the boundaries of the legal contained in the intersection of distinct legal systems. In reflecting on the difficulties of undertaking a comparative legal analysis and the danger of legalism as a form of cultural imposition, this book positions itself within the broader field of comparative legal studies rather than purely within the boundaries of native title discourse.
Indigenous And Anglo Australian Property Rights
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Author : Charles John Hamilton
language : en
Publisher:
Release Date : 1999
Indigenous And Anglo Australian Property Rights written by Charles John Hamilton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Aboriginal Australians categories.
Mabo Wik Native Title
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Author : Peter Butt
language : en
Publisher:
Release Date : 1998
Mabo Wik Native Title written by Peter Butt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with History categories.
Second edition annotated at B B988.65/M2; third edition includes chapters on the High Court's decision in the Wik case in December 1996 and on the government's response to the Wik decision - the ten point plan and the proposed amendments to the Native Title Act.
The Trouble With Tradition
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Author : Simon Young
language : en
Publisher: Federation Press
Release Date : 2008
The Trouble With Tradition written by Simon Young and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with History categories.
This book is a broad and detailed examination of the native title jurisprudence in the US, Canada, New Zealand and Australia, with a specific focus on the handling of Indigenous community changes in each country's case law.
A Theology Of Land
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Author : Christopher Gerard Sexton
language : en
Publisher: ATF Press
Release Date : 2019-07-01
A Theology Of Land written by Christopher Gerard Sexton and has been published by ATF Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-01 with Religion categories.
On the face of things, the spirituality of Australia's Aboriginals is hard to reconcile with a spirituality of Christian theology, with its human centrism apt to a Son of God in Man, made flesh in Jesus Christ. Nevertheless this author, Christopher Sexton, a Sydney based lawyer, drew on his deep Catholic theological beliefs and intense dialogue with Aboriginal elders, to find a surprisingly common ground, and in abundance. The creation stories of each lay emphasis on humanity's stewardship for the search and its mystical riches. Here is a book by a Christian lawyer who consulted widely and deeply with our First People's. He found more in common between our distinct spiritualities than might be expected. Proving, once again, that listening deeply to each other will often yield common ground.
Native Title In Australia
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Author : Richard H. Bartlett
language : en
Publisher: Butterworth-Heinemann
Release Date : 2000
Native Title In Australia written by Richard H. Bartlett and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with History categories.