Compensation For Native Title
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Compensation For Native Title
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Author : William Isdale
language : en
Publisher:
Release Date : 2022-04-21
Compensation For Native Title written by William Isdale and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-21 with categories.
Australian Native Title Anthropology
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Author : Kingsley Palmer
language : en
Publisher: ANU Press
Release Date : 2018-05-03
Australian Native Title Anthropology written by Kingsley Palmer and has been published by ANU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-03 with Social Science categories.
The Australian Federal Native Title Act 1993 marked a revolution in the recognition of the rights of Australia’s Indigenous peoples. The legislation established a means whereby Indigenous Australians could make application to the Federal Court for the recognition of their rights to traditional country. The fiction that Australia was terra nullius (or ‘void country’), which had prevailed since European settlement, was overturned. The ensuing legal cases, mediated resolutions and agreements made within the terms of the Native Title Act quickly proved the importance of having sound, scholarly and well-researched anthropology conducted with claimants so that the fundamentals of the claims made could be properly established. In turn, this meant that those opposing the claims would also benefit from anthropological expertise. This is a book about the practical aspects of anthropology that are relevant to the exercise of the discipline within the native title context. The engagement of anthropology with legal process, determined by federal legislation, raises significant practical as well as ethical issues that are explored in this book. It will be of interest to all involved in the native title process, including anthropologists and other researchers, lawyers and judges, as well as those who manage the claim process. It will also be relevant to all who seek to explore the role of anthropology in relation to Indigenous rights, legislation and the state.
Native Title From Mabo To Akiba
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Author : Sean Brennan
language : en
Publisher:
Release Date : 2015
Native Title From Mabo To Akiba written by Sean Brennan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Aboriginal Australians categories.
Cover image taken at Mangkuna (Corkbark) on Karajarri country in the Kimberley, Western Australia - November 2014. Photography by Edward Tran. © Copyright Kimberley Land Council.This edited collection brings together some of Australia's foremost experts in native title to provide a realistic assessment of the achievements, frustrations and possibilities of native title, two decades since the enactment of the Native Title Act 1993 (Cth), and after the most significant High Court decision on native title in more than ten years, Akiba v Commonwealth, which confirmed the existence of commercial native title fishing rights. The Indigenous and non-Indigenous authors come from a variety of disciplines and perspectives and include academics and practitioners from the fields of law, economics, anthropology, politics, history and community development. Uniting the book is a concern that native title make a real impact on the economic and social circumstances of Australia's Indigenous communities.The book consists of two parts.Part One is entitled Legal Dynamics in the Development of Native Title. It examines the way in which Australian law has defined and often constrained the scope of this newly-recognised property right. There is a particular focus on legal issues with a direct bearing on the economic potential of native title, such as alienability and the right to trade resources and the challenges posed for anti-discrimination law.Part Two is entitled Native Title as a Vehicle for Indigenous Empowerment. Authors provide an overview of the contribution made so far by native title and the prospects for future empowerment. Detailed mapping and analysis provides readers with a geographic orientation and a sense of realism about the economic potential of the native title estate, in comparison with achievements under a parallel statutory land rights regime. This part also explains some of the challenges Indigenous groups face in areas such as governance, land reform and internal politicking, as they operate in the shadow of the law, seeking to utilise native title for greater empowerment._______________________________________________________ Click here to view and listen to the Indigenous Empowerment panel discussion which includes video and audio webcasts, photos and a review essay.
Reparations For Indigenous Peoples
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Author : Federico Lenzerini
language : en
Publisher: OUP Oxford
Release Date : 2008-01-24
Reparations For Indigenous Peoples written by Federico Lenzerini and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-24 with Political Science categories.
Published in concomitance with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, this volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, investigate the right of indigenous peoples to reparation for breaches of their individual and collective rights. The first part of the book is devoted to general aspects of this important matter, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law, and the vision of reparations as conceived by the communities concerned. The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, examining the best practices of reparations according to the ideologies and expectations of indigenous peoples and offering a comparative perspective on the ways in which the right of these peoples to redress for the injuries suffered is realized worldwide. The global picture painted by these contributions provides a view of the status of relevant international law that is synthesized in the two final chapters of the book, which include a concrete example of how a judicial claim for reparation is to be structured and prescribes the best practices and strategies to be adopted in order to maximize the opportunities for indigenous peoples to obtain effective redress. As a whole, this volume offers a comprehensive vision of its subject matter in international and comparative law, with a practical approach aimed at supporting legal academics, administrators, and practitioners in improving the avenues and modalities of reparations for indigenous peoples.
Australian Public Law
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Author : Gabrielle Appleby
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Australian Public Law written by Gabrielle Appleby and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Public law categories.
Introduces students to key principles, concepts, institutions in Australian Public Law, provides solid foundation for study of constitutional & administrative law. Explained through analysis of mechanisms of power & control, including discussions of functioning of institutions of government & contemporary issues. Authors at Uni of Adelaide.
Mabo And Native Title
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Author : Will Sanders
language : en
Publisher:
Release Date : 1994
Mabo And Native Title written by Will Sanders and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Social Science categories.
Foreword (p.iii) by Jon Altman and John Braithwaite - a brief history of this series of seminars held in May 1994; papers by J. Beckett, H. Reynolds, F. Brennan, G. Nettheim, J.C. Altman annotated separately.
Australian Native Title Law
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Author : Melissa Perry
language : en
Publisher: Sydney : Lawbook Company
Release Date : 2003
Australian Native Title Law written by Melissa Perry and has been published by Sydney : Lawbook Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
This quality text will undoubtedly prove to be a valuable addition to the library of any practitioner dealing with land transactions, or anyone working in the Native Title field. It covers both the annotated Native Title Act 1993 (post 1998 amendments) and an analysis of the common law principles applicable to Native Title.
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.
Native Title In Australia
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Author : Peter Sutton
language : en
Publisher: Cambridge University Press
Release Date : 2004-01-19
Native Title In Australia written by Peter Sutton and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-19 with Social Science categories.
Native title has often been one of the most controversial political, legal and indeed moral issues in Australia. Ever since the High Court's Mabo decision of 1992, the attempt to understand and adapt native title to different contexts and claims has been an ongoing concern for that broad range of people involved with claims. In this book, originally published in 2003, Peter Sutton sets out fundamental anthropological issues to do with customary rights, kinship, identity, spirituality and so on that are relevant for lawyers and others working on title claims. Sutton offers a critical discussion of anthropological findings in the field of Aboriginal traditional interests in land and waters, focusing on the kinds of customary rights that are 'held' in Aboriginal 'countries', the types of groups whose members have been found to enjoy those rights, and how such groups have fared over the last 200 years of Australian history.