Native Title And Land Law
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Native Title And Land Law
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Author : Justin Carter
language : en
Publisher:
Release Date : 2015
Native Title And Land Law written by Justin Carter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Land reform categories.
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.
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.
Australian Native Title Law
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Author : Stephen Lloyd
language : en
Publisher:
Release Date : 2018-03-14
Australian Native Title Law written by Stephen Lloyd and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-14 with Aboriginal Australians categories.
Australian Native Title Law Second Edition annotates the Native Title Act 1993 (Cth) and analyses the common law principles applicable to native title. It explains the essential concepts and principles which underpin it, including relevant principles of constitutional, property and discrimination law, referencing a range of relevant authority and materials. The First Edition published in 2004 and was comprised of introductory explanatory chapters followed by a detailed annotation to the Native Title Act 1993 (Cth) and extensive reforms made in 1998 in light of the Wik decision. Since that time, some 27 amending Acts have come into force. The much-awaited Second Edition builds upon these foundations by bringing the Act up-to-date and providing detailed commentary on the more important of these amendments, in particular the Native Title Amendment Act 2007, the Native Title Amendment (Technical Amendments) Act 2007 and the Native Title Amendment Act 2009. The book now draws upon over 1,000 cases, including leading recent High Court decisions such as Queensland v Congoo (2015), Western Australia v Brown (2014), Karpany v Dietman (2013), and Akiba v Commonwealth (2013). Significant contributions from leading practitioners in the field are included, with a new section addressing proof of native title. Both new and experienced practitioners, decisions-makers, academics and students alike will find Australian Native Title Law Second Edition of invaluable assistance.
Crossing Boundaries
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Author : Sandy Toussaint
language : en
Publisher: Melbourne Univ. Publishing
Release Date : 2004
Crossing Boundaries written by Sandy Toussaint and has been published by Melbourne Univ. Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with History categories.
Ever since the 1992 Mabo decision put an end to the legal fiction that Australia was without owners before the arrival of the British colonisers, the work associated with resolving native title claims has developed as a significant but often difficult arena of professional practice. Increasingly, anthropologists, linguists, historians and lawyers have been encouraged to work collaboratively, often in the context of highly charged public controversy about who owns the land. In Crossing Boundaries, editor Sandy Toussaint and her contributors have created a cross-disciplinary exploration of native title work. In all, twenty professionals share their experience and expertise. As Toussaint concludes, 'Chapters in this volume reveal the extent to which native title workers need to communicate more cogently and, in some cases, to redefine their practice.'
Native Title And Land Law
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Author : Justin Carter
language : en
Publisher:
Release Date : 2015
Native Title And Land Law written by Justin Carter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Land reform categories.
Mabo
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Author : Margaret Anne Stephenson
language : en
Publisher: University of Queensland Press(Australia)
Release Date : 1995
Mabo written by Margaret Anne Stephenson and has been published by University of Queensland Press(Australia) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
The Native Title Legislation arose out of the landmark Mabo decision. This new legislation will reverberate on the whole of Australia. It will affect forever our dealings in land management, natural resources, property development, and valuation. In this collection by experts in law, native title claims, and Aboriginal and Torres Strait Islander legal matters, this far-reaching legislation is viewed from many angles. Extending beyond Mabo's recognition of indigenous rights to land, the Native Title Act defines how native title rights will be formally recognised, implemented and protected.
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.
Land And Freedom
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Author : Andrew Buck
language : en
Publisher: Routledge
Release Date : 2020-07-24
Land And Freedom written by Andrew Buck and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-24 with Law categories.
Conflicts caused by competing concepts of property are the subject of this book that reshapes study of the relationship between law and society in Australasia and North America. Chapters analyse decisions made by governments and courts upon questions of policy and law in terms of their consequences for rights and models of personhood. Late twentieth-century decisions concerning native title in Canada and Australia demonstrate the relevance of historical case studies of communal and fee-simple land holding in colonial and post-colonial societies. An international team of contributors draw on their experience from a wide range of disciplinary backgrounds and jurisdictions.