Author: Eve Vincent
Publisher:
ISBN: 9781925302080
Category : Aboriginal Australians
Languages : en
Pages : 243
Book Description
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.
'Against Native Title'
Author: Eve Vincent
Publisher:
ISBN: 9781925302080
Category : Aboriginal Australians
Languages : en
Pages : 243
Book Description
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.
Publisher:
ISBN: 9781925302080
Category : Aboriginal Australians
Languages : en
Pages : 243
Book Description
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.
Empire and the Making of Native Title
Author: Bain Attwood
Publisher: Cambridge University Press
ISBN: 1108478298
Category : History
Languages : en
Pages : 457
Book Description
This book provides a strikingly original explanation of the Britain's treatment of sovereignty and native title in its Australasian colonies.
Publisher: Cambridge University Press
ISBN: 1108478298
Category : History
Languages : en
Pages : 457
Book Description
This book provides a strikingly original explanation of the Britain's treatment of sovereignty and native title in its Australasian colonies.
Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts
Author: Bertus de Villiers
Publisher: BRILL
ISBN: 9004461663
Category : Law
Languages : en
Pages : 295
Book Description
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.
Publisher: BRILL
ISBN: 9004461663
Category : Law
Languages : en
Pages : 295
Book Description
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.
The Social Effects of Native Title
Author: Benjamin Richard Smith
Publisher: ANU E Press
ISBN: 1921313528
Category : History
Languages : en
Pages : 238
Book Description
"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.
Publisher: ANU E Press
ISBN: 1921313528
Category : History
Languages : en
Pages : 238
Book Description
"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.
Compromised Jurisprudence
Author: Lisa Strelein
Publisher: Aboriginal Studies Press
ISBN: 0855756632
Category : Law
Languages : en
Pages : 274
Book Description
First edition published in 2006.
Publisher: Aboriginal Studies Press
ISBN: 0855756632
Category : Law
Languages : en
Pages : 274
Book Description
First edition published in 2006.
Title Fight
Author: Paul Cleary
Publisher:
ISBN: 9780369374172
Category : Aboriginal Australians
Languages : en
Pages : 0
Book Description
In the space of just fifteen years, Andrew 'Twiggy' Forrest's Fortescue Metals Group has become a global iron-ore giant worth 70 billion dollars. But in its rush to develop, FMG has damaged and destroyed ancient Aboriginal heritage and brokered patently unfair agreements with the traditional owners of the land. When FMG has met resistance, it has used hard-nosed litigation in pursuit of favourable outcomes. This strategy came unstuck when FMG encountered several hundred Yindjibarndi people and their leader, Michael Woodley, who left school in Grade Six and was from then on immersed in his traditional culture. Woodley has led his community in an epic, thirteen-year battle against FMG, all on a shoestring budget.
Publisher:
ISBN: 9780369374172
Category : Aboriginal Australians
Languages : en
Pages : 0
Book Description
In the space of just fifteen years, Andrew 'Twiggy' Forrest's Fortescue Metals Group has become a global iron-ore giant worth 70 billion dollars. But in its rush to develop, FMG has damaged and destroyed ancient Aboriginal heritage and brokered patently unfair agreements with the traditional owners of the land. When FMG has met resistance, it has used hard-nosed litigation in pursuit of favourable outcomes. This strategy came unstuck when FMG encountered several hundred Yindjibarndi people and their leader, Michael Woodley, who left school in Grade Six and was from then on immersed in his traditional culture. Woodley has led his community in an epic, thirteen-year battle against FMG, all on a shoestring budget.
Aboriginal Title
Author: P. G. McHugh
Publisher: OUP Oxford
ISBN: 0191018546
Category : Law
Languages : en
Pages : 1529
Book Description
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.
Publisher: OUP Oxford
ISBN: 0191018546
Category : Law
Languages : en
Pages : 1529
Book Description
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.
Recognising Aboriginal Title
Author: Peter H. Russell
Publisher:
ISBN:
Category : History
Languages : en
Pages : 492
Book Description
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.
Publisher:
ISBN:
Category : History
Languages : en
Pages : 492
Book Description
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.
The Great Land Grab
Author: Michael Bachelard
Publisher:
ISBN: 9781864470314
Category : Australia
Languages : en
Pages : 141
Book Description
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.
Publisher:
ISBN: 9781864470314
Category : Australia
Languages : en
Pages : 141
Book Description
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.
Authorisation and Decision-making in Native Title
Author: Nick Duff
Publisher: AIATSIS Research Publications
ISBN: 9781922102614
Category : Aboriginal Australians
Languages : en
Pages : 254
Book Description
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.
Publisher: AIATSIS Research Publications
ISBN: 9781922102614
Category : Aboriginal Australians
Languages : en
Pages : 254
Book Description
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.