Mabo And Native Title

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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.
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.
The Great Land Grab
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Author : Michael Bachelard
language : en
Publisher:
Release Date : 1997
The Great Land Grab written by Michael Bachelard and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Australia categories.
Presents the facts of why the Wik and Mabo judgements of the High Court were so momentous, and why Labor passed the Native Title Act in response.
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.
Overturning Aqua Nullius
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Author : Virginia Marshall
language : en
Publisher:
Release Date : 2017-06-08
Overturning Aqua Nullius written by Virginia Marshall and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-08 with Aboriginal Australians categories.
Overturning aqua nullius aims to cultivate a new understanding of Aboriginal water rights and interests in the context of Aboriginal water concepts and water policy development in Australia. In this award-winning work, Dr Marshall argues that Aboriginal water rights require legal recognition as property rights, and that water access and water infrastructure are integral to successful economic enterprise in Aboriginal communities. Aboriginal peoples' social, cultural and economic certainty rests on their right to control and manage customary water. Drawing on the United Nations Declaration on the Rights of Indigenous Peoples, Marshall argues that the reservation of Aboriginal water rights needs to be prioritised above the water rights and interests of other groups.
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).
Country Native Title And Ecology
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Author : Jessica K. Weir
language : en
Publisher: ANU E Press
Release Date : 2012-03-01
Country Native Title And Ecology written by Jessica K. Weir and has been published by ANU E Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-01 with Social Science categories.
Country, native title and ecology all converge in this volume to describe the dynamic intercultural context of land and water management on Indigenous lands. Indigenous people’s relationships with country are discussed from various speaking positions, including identity and knowledge, the homelands debate, water planning, climate change and market environmentalism. The inter-disciplinary chapters range from an ethnographic description of living waters in the Great Sandy Desert, negotiating the eradication of yellow crazy ants in Arnhem Land, and legal analysis of native title rights in emerging carbon markets. A recurrent theme is the contentions over meaning, knowledge, and authority. “Because this volume is scholarly, original and very timely it represents a key resource and reference work for land and sea managers; policy makers; scholars of the interface between post-native title responsibilities, NRM objectives and appropriate heritage protocols; and students based in the social sciences, natural sciences and humanities. It is rare for volumes to have this much cross-academy purchase and for this reason alone – it will have ongoing worth and value as a seminal collection.” – Associate Professor Peter Veth, ANU College of Arts and Social Sciences, The Australian National University. Dr Jessica Weir has published widely on water, native title and governance, and is the author of Murray River Country: An Ecological Dialogue with Traditional Owners (Aboriginal Studies Press, 2009). Jessica’s work was recently included in Stephen Pincock’s Best Australian Science Writing 2011. In 2011 Jessica established the AIATSIS Centre for Land and Water Research, in the Indigenous Country and Governance Research Program at the Australian Institute of Aboriginal and Torres Strait Islander Studies. For more information on Aboriginal History Inc. please visit aboriginalhistory.org.au.
Apais 1994 Australian Public Affairs Information Service
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Author :
language : en
Publisher: National Library Australia
Release Date :
Apais 1994 Australian Public Affairs Information Service written by and has been published by National Library Australia this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Recognising Aboriginal Title
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Author : Peter H. Russell
language : en
Publisher:
Release Date : 2006
Recognising Aboriginal Title written by Peter H. Russell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with History categories.
In this book, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of indigenous peoples to overcome colonized status. --book jacket.