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| Author | : Bain Attwood |
| Publisher | : Cambridge University Press |
| Total Pages | : 457 |
| Release | : 2020-07-16 |
| Genre | : History |
| ISBN | : 1108478298 |
This book provides a strikingly original explanation of the Britain's treatment of sovereignty and native title in its Australasian colonies.
| Author | : Stephen Lloyd |
| Publisher | : |
| Total Pages | : 1242 |
| Release | : 2018-03-14 |
| Genre | : Aboriginal Australians |
| ISBN | : 9780455228846 |
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.
| Author | : William Isdale |
| Publisher | : |
| Total Pages | : |
| Release | : 2022-04-21 |
| Genre | : |
| ISBN | : 9781760023645 |
| Author | : Eve Vincent |
| Publisher | : |
| Total Pages | : 243 |
| Release | : 2017 |
| Genre | : Aboriginal Australians |
| ISBN | : 9781925302080 |
Based on author's thesis (doctoral - University of Sydney, Department of Anthropology, 2013) issued under title: Forces of destruction, acts of creation: aboriginality, identity and native title, on the far west coast of South Australia.
| Author | : Shaunnagh Dorsett |
| Publisher | : Aboriginal Studies Press |
| Total Pages | : 300 |
| Release | : 1998 |
| Genre | : Law |
| ISBN | : 9780855753375 |
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.
| Author | : Bain Attwood |
| Publisher | : Cambridge University Press |
| Total Pages | : 457 |
| Release | : 2020-07-16 |
| Genre | : History |
| ISBN | : 1108809502 |
This book provides a new approach to the historical treatment of indigenous peoples' sovereignty and property rights in Australia and New Zealand. By shifting attention from the original European claims of possession to a comparison of the ways in which British players treated these matters later, Bain Attwood not only reveals some startling similarities between the Australian and New Zealand cases but revises the long-held explanations of the differences. He argues that the treatment of the sovereignty and property rights of First Nations was seldom determined by the workings of moral principle, legal doctrine, political thought or government policy. Instead, it was the highly particular historical circumstances in which the first encounters between natives and Europeans occurred and colonisation began that largely dictated whether treaties of cession were negotiated, just as a bitter political struggle determined the significance of the Treaty of Waitangi and ensured that native title was made in New Zealand.
| Author | : Jessica K. Weir |
| Publisher | : ANU E Press |
| Total Pages | : 188 |
| Release | : 2012-03-01 |
| Genre | : Social Science |
| ISBN | : 1921862564 |
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.
| Author | : P. G. McHugh |
| Publisher | : OUP Oxford |
| Total Pages | : 377 |
| Release | : 2011-08-18 |
| Genre | : Law |
| ISBN | : 0191029777 |
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.
| Author | : Sue Jackson |
| Publisher | : Routledge |
| Total Pages | : 368 |
| Release | : 2017-07-28 |
| Genre | : Architecture |
| ISBN | : 1317437160 |
Planning in settler-colonial countries is always taking place on the lands of Indigenous peoples. While Indigenous rights, identity and cultural values are increasingly being discussed within planning, its mainstream accounts virtually ignore the colonial roots and legacies of the discipline’s assumptions, techniques and methods. This ground-breaking book exposes the imperial origins of the planning canon, profession and practice in the settler-colonial country of Australia. By documenting the role of planning in the history of Australia’s relations with Indigenous peoples, the book maps the enduring effects of colonisation. It provides a new historical account of colonial planning practices and rewrites the urban planning histories of major Australian cities. Contemporary land rights, native title and cultural heritage frameworks are analysed in light of their critical importance to planning practice today, with detailed case illustrations. In reframing Australian planning from a postcolonial perspective, the book shatters orthodox accounts, revising the story that planning has told itself for over 100 years. New ways to think and practise planning in Indigenous Australia are advanced. Planning in Indigenous Australia makes a major contribution towards the decolonisation of planning. It is essential reading for students and teachers in tertiary planning programmes, as well as those in geography, development studies, postcolonial studies, anthropology and environmental management. It is also vital reading for professional planners in the public, private and community sectors.
| Author | : Joshua Castellino |
| Publisher | : |
| Total Pages | : 309 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : 0199574820 |
Countries in the Pacific face unique challenges of survival and progress in establishing themselves and participating fully in international society. Their geographic isolation from the rest of global society is compounded by complex layers of often competing national and indigenous identities among their populations built through wave upon wave of migration. This has created rich diversity, competing regimes and real challenges in terms of state-building, ethnic identity, social policy cohesion and development in post-colonial settings. The issues studied here would be of interest to scholars from a range of different disciplines such as Law, Politics, Sociology and Anthropology. By examining the theory and practice of minority rights law in states such as Fiji and Papua New Guinea, alongside their more familiar neighbours Australia and New Zealand, this book makes a unique contribution in a region often ignored in the literature.
