The Social Effects Of Native Title


The Social Effects Of Native Title
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The Social Effects Of Native Title


The Social Effects Of Native Title
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Author : Benjamin Richard Smith
language : en
Publisher: ANU E Press
Release Date : 2007-10-01

The Social Effects Of Native Title written by Benjamin Richard Smith 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 2007-10-01 with History categories.


"The papers in this collection reflect on the various social effects of native title. In particular, the authors consider the ways in which the implementation of the Native Title Act 1993 (Cwlth), and the native title process for which this Act legislates, allow for the recognition and translation of Aboriginal law and custom, and facilitate particular kinds of coexistence between Aboriginal title holders and other Australians. In so doing, the authors seek to extend the debate on native title beyond questions of practice and towards an improved understanding of the effects of native title on the social lives of Indigenous Australians and on Australian society more generally"--Publisher's description.



Native Title From Mabo To Akiba


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.



Year Book Australia 1995


Year Book Australia 1995
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Author :
language : en
Publisher: Aust. Bureau of Statistics
Release Date : 1994

Year Book Australia 1995 written by and has been published by Aust. Bureau of Statistics this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Australia categories.




Authorisation And Decision Making In Native Title


Authorisation And Decision Making In Native Title
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Author : Nick Duff
language : en
Publisher: AIATSIS Research Publications
Release Date : 2017-02-07

Authorisation And Decision Making In Native Title written by Nick Duff and has been published by AIATSIS Research Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-07 with Aboriginal Australians categories.


Native title involves an interface between the Australian legal system and Indigenous legal, cultural and political systems. The assertion and management of native title rights involves collective action by sometimes large and disparate groups of Indigenous people. Contentious politics makes such collective action difficult and the courts will often be asked to decide whether group decisions have been validly made. In the last two decades a vast and complex body of law and practice has developed to address this challenge. Authorisation law is a set of principles about how the views and intentions of native title claimants or holders are translated into legally effective decisions. This book sets out the legal rules and their application in various situations: native title claims, native title agreement-making, decision-making by native title corporations, and compensation applications. It also addresses key practical, ethical and political dimensions of native title decision-making. This book will be useful for native title practitioners including lawyers, judges and native title holders. It will also be relevant to academic research into the ethical, political and anthropological dimensions of Indigenous governance.



The Rights And Wrongs Of Land Restitution


The Rights And Wrongs Of Land Restitution
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Author : Derick Fay
language : en
Publisher: Routledge
Release Date : 2008-08-18

The Rights And Wrongs Of Land Restitution written by Derick Fay and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-08-18 with Business & Economics categories.


The Rights and Wrongs of Land Restitution: ‘Restoring What Was Ours’ offers a critical, comparative ethnographic, examination of land restitution programs. Drawing on memories and histories of past dispossession, governments, NGOs, informal movements and individual claimants worldwide have attempted to restore and reclaim rights in land. Land restitution programs link the past and the present, and may allow former landholders to reclaim lands which provided the basis of earlier identities and livelihoods. Addressing the practical and theoretical questions that arise, this book offers a critical rethinking of the links between land restitution and property, social transition, injustice, citizenship, the state and the market.



Litigating The Rights Of Minorities And Indigenous Peoples In Domestic And International Courts


Litigating The Rights Of Minorities And Indigenous Peoples In Domestic And International Courts
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Author : Bertus de Villiers
language : en
Publisher: BRILL
Release Date : 2021-08-30

Litigating The Rights Of Minorities And Indigenous Peoples In Domestic And International Courts written by Bertus de Villiers and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-30 with Law categories.


This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.



Wild Articulations


Wild Articulations
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Author : Timothy Neale
language : en
Publisher: University of Hawaii Press
Release Date : 2017-07-31

Wild Articulations written by Timothy Neale and has been published by University of Hawaii Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-31 with Nature categories.


Beginning with the nineteenth-century expeditions, Northern Australia has been both a fascination and concern to the administrators of settler governance in Australia. With Southeast Asia and Melanesia as neighbors, the region's expansive and relatively undeveloped tropical savanna lands are alternately framed as a market opportunity, an ecological prize, a threat to national sovereignty, and a social welfare problem. Over the last several decades, while developers have eagerly promoted the mineral and agricultural potential of its monsoonal catchments, conservationists speak of these same sites as rare biodiverse habitats, and settler governments focus on the “social dysfunction” of its Indigenous communities. Meanwhile, across the north, Indigenous people have sought to wrest greater equity in the management of their lives and the use of their country. In Wild Articulations, Timothy Neale examines environmentalism, indigeneity, and development in Northern Australia through the controversy surrounding the Wild Rivers Act 2005 (Qld) in Cape York Peninsula, an event that drew together a diverse cast of actors—traditional owners, prime ministers, politicians, environmentalists, mining companies, the late Steve Irwin, crocodiles, and river systems—to contest the future of the north. With a population of fewer than 18,000 people spread over a landmass of over 50,000 square miles, Cape York Peninsula remains a “frontier” in many senses. Long constructed as a wild space—whether as terra nullius, a zone of legal exception, or a biodiverse wilderness region in need of conservation—Australia’s north has seen two fundamental political changes over the past two decades. The first is the legal recognition of Indigenous land rights, reaching over a majority of its area. The second is that the region has been the center of national debates regarding the market integration and social normalization of Indigenous people, attracting the attention of federal and state governments and becoming a site for intensive neoliberal reforms. Drawing connections with other settler colonial nations such as Canada and Aotearoa New Zealand, Wild Articulations examines how indigenous lands continue to be imagined and governed as “wild.”



Declarations Of Interdependence


Declarations Of Interdependence
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Author : Kirsten Anker
language : en
Publisher: Routledge
Release Date : 2016-05-13

Declarations Of Interdependence written by Kirsten Anker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-13 with Law categories.


This book takes up the postcolonial challenge for law and explains how the problems of legal recognition for Indigenous peoples are tied to an orthodox theory of law. Constructing a theory of legal pluralism that is both critical of law's epistemological and ontological presuppositions, as well as discursive in engaging a dialogue between legal traditions, Anker focusses on prominent aspects of legal discourse and process such as sovereignty, proof, cultural translation and negotiation. With case studies and examples principally drawn from Australia and Canada, the book seeks to set state law in front of its own reflection in the mirror of Indigenous rights, drawing on a broad base of scholarship in addition to legal theory, from philosophy, literary studies, anthropology, social theory, Indigenous studies and art. As a contribution to legal theory, the study advances legal pluralist approaches not just by imagining a way to ’make space for’ Indigenous legal traditions, but by actually working with their insights in building theory. The book will be of value to students and researchers interested in Indigenous rights as well as those working in the areas of socio-legal studies, legal pluralism and law and cultural diversity.



The Oxford Handbook Of Law And Anthropology


The Oxford Handbook Of Law And Anthropology
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Author : Marie-Claire Foblets
language : en
Publisher: Oxford University Press
Release Date : 2022

The Oxford Handbook Of Law And Anthropology written by Marie-Claire Foblets and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.


The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.



Aboriginal Family And The State


Aboriginal Family And The State
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Author : Sally Babidge
language : en
Publisher: Routledge
Release Date : 2016-03-23

Aboriginal Family And The State written by Sally Babidge and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-23 with Social Science categories.


Aboriginal Family and the State examines the contemporary relations and history of Indigenous families in Australia, specifically referencing issues of government control and recent official recognition of Aboriginal 'traditional owners'. Drawing on detailed empirical research, it develops a discussion of the anthropological issues of kinship and relatedness within colonial and 'postcolonial' contexts. This volume explores the conditions affecting the formation of 'family' among indigenous people in rural northern Australia, as well as the contingencies of 'family' in the legal and political context of contemporary indigenous claims to land. With a rich discussion of the production, practice and inscription of social relations, this volume examines everyday expressions of 'family', and events such as meetings and funerals, demonstrating that kinship is formed and reformed through a complicated social practice of competing demands on identity.