Recognising Aboriginal Title
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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.
Recognizing Aboriginal Title
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FREE 30 Days
Author : Peter H. Russell
language : en
Publisher:
Release Date : 2006
Recognizing 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.
A judicial revolution occurred in 1992 when Australia's highest court discarded a doctrine that had stood for two hundred years, that the country was a terra nullius - a land of no one - when the white man arrived. The proceedings were known as the Mabo Case, named for Eddie Koiki Mabo, the Torres Strait Islander who fought the notion that the Australian Aboriginal people did not have a system of land ownership before European colonization. The case had international repercussions, especially on the four countries in which English-settlers are the dominant population: Australia, Canada, New Zealand, and the United States. In Recognizing Aboriginal Title, 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 their colonized status. Russell weaves together an historical narrative of Mabo's life with an account of the legal and ideological premises of European imperialism and their eventual challenge by the global forces of decolonization. He traces the development of Australian law and policy in relation to Aborigines, and provides a detailed examination of the decade of litigation that led to the Mabo case. Mabo died at the age of fifty-six just five months before the case was settled. Although he had been exiled from his land over a dispute when he was a teenager, he was buried there as a hero. Recognizing Aboriginal Title is a work of enormous importance by a legal and constitutional scholar of international renown, written with a passion worthy of its subject - a man who fought hard for his people and won.
Recognizing Aboriginal Title
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Author : Peter H. Russell
language : en
Publisher:
Release Date : 2006
Recognizing 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 LAW categories.
Coming To Terms
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Author : Shaun Berg
language : en
Publisher: Wakefield Press
Release Date : 2010
Coming To Terms written by Shaun Berg and has been published by Wakefield Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with History categories.
Coming to Terms challenges conventional thinking about Aboriginal title in South Australia. It does so by examining the legal consequences of provisions in the State's founding documents that reserve or protect Aboriginal rights to land.
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.
Aboriginal Title
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Author : P. G. McHugh
language : en
Publisher: OUP Oxford
Release Date : 2011-08-18
Aboriginal Title written by P. G. McHugh and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-18 with Law categories.
Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.
Indigenous Water Rights In Law And Regulation
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Author : Elizabeth Jane Macpherson
language : en
Publisher: Cambridge University Press
Release Date : 2019-08-08
Indigenous Water Rights In Law And Regulation written by Elizabeth Jane Macpherson 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 2019-08-08 with History categories.
A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
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).
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.