Australian Native Title Anthropology

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Publisher : ANU Press
ISBN 13 : 1760461881
Total Pages : 297 pages
Book Rating : 4.7/5 (64 download)

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Book Synopsis Australian Native Title Anthropology by : Kingsley Palmer

Download or read book Australian Native Title Anthropology written by Kingsley Palmer and published by ANU Press. This book was released on 2018-05-03 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Australian Federal Native Title Act 1993 marked a revolution in the recognition of the rights of Australia’s Indigenous peoples. The legislation established a means whereby Indigenous Australians could make application to the Federal Court for the recognition of their rights to traditional country. The fiction that Australia was terra nullius (or ‘void country’), which had prevailed since European settlement, was overturned. The ensuing legal cases, mediated resolutions and agreements made within the terms of the Native Title Act quickly proved the importance of having sound, scholarly and well-researched anthropology conducted with claimants so that the fundamentals of the claims made could be properly established. In turn, this meant that those opposing the claims would also benefit from anthropological expertise. This is a book about the practical aspects of anthropology that are relevant to the exercise of the discipline within the native title context. The engagement of anthropology with legal process, determined by federal legislation, raises significant practical as well as ethical issues that are explored in this book. It will be of interest to all involved in the native title process, including anthropologists and other researchers, lawyers and judges, as well as those who manage the claim process. It will also be relevant to all who seek to explore the role of anthropology in relation to Indigenous rights, legislation and the state.

Australian Native Title Law

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Publisher :
ISBN 13 : 9780455228846
Total Pages : 1242 pages
Book Rating : 4.2/5 (288 download)

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Book Synopsis Australian Native Title Law by : Stephen Lloyd

Download or read book Australian Native Title Law written by Stephen Lloyd and published by . This book was released on 2018-03-14 with total page 1242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Empire and the Making of Native Title

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Publisher : Cambridge University Press
ISBN 13 : 1108478298
Total Pages : 457 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Empire and the Making of Native Title by : Bain Attwood

Download or read book Empire and the Making of Native Title written by Bain Attwood and published by Cambridge University Press. This book was released on 2020-07-16 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a strikingly original explanation of the Britain's treatment of sovereignty and native title in its Australasian colonies.

Crosscurrents

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Publisher : Apollo Books
ISBN 13 : 9781742589442
Total Pages : 308 pages
Book Rating : 4.5/5 (894 download)

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Book Synopsis Crosscurrents by : Katie Glaskin

Download or read book Crosscurrents written by Katie Glaskin and published by Apollo Books. This book was released on 2017 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law's metaphysics -- When whiteman came in -- Mission days -- A land and sea claim -- The ethnographic archive -- In the court -- Legal submissions and crosscurrents -- How judgments are made -- Society and sea on appeal -- Recognitions's paradox

Aboriginal Title

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Publisher : OUP Oxford
ISBN 13 : 0191018546
Total Pages : 1529 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Aboriginal Title by : P. G. McHugh

Download or read book Aboriginal Title written by P. G. McHugh and published by OUP Oxford. This book was released on 2011-08-18 with total page 1529 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Commonwealth's Indigenous Land Tenure Reform Agenda

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Publisher :
ISBN 13 : 9781922102591
Total Pages : 84 pages
Book Rating : 4.1/5 (25 download)

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Book Synopsis The Commonwealth's Indigenous Land Tenure Reform Agenda by : Edward George Wensing

Download or read book The Commonwealth's Indigenous Land Tenure Reform Agenda written by Edward George Wensing and published by . This book was released on 2016 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Overturning Aqua Nullius

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Publisher :
ISBN 13 : 9781922059093
Total Pages : 0 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Overturning Aqua Nullius by : Virginia Marshall

Download or read book Overturning Aqua Nullius written by Virginia Marshall and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal peoples in Australia have the oldest living cultures in the world. From 1788 the British colonisation of Australia marginalised Aboriginal communities from land and water resources and their traditional rights and interests. More recently, the national water reforms further disenfranchised Aboriginal communities from their property rights in water, continuing to embed severe disadvantage. Overturning aqua nullius aims to cultivate a new understanding of Aboriginal water rights and interests in the context of Aboriginal water concepts and water policy development in Australia. In this award-winning work, Dr Marshall argues that Aboriginal water rights require legal recognition as property rights, and that water access and water infrastructure are integral to successful economic enterprise in Aboriginal communities. Aboriginal peoples social, cultural and economic certainty rests on their right to control and manage customary water. Drawing on the United Nations Declaration on the Rights of Indigenous Peoples, Marshall argues that the reservation of Aboriginal water rights needs to be prioritised above the water rights and interests of other groups. It is only then that we can sweep away the injustice of aqua nullius and provide the first Australians with full recognition and status of their water rights and interests.

Authorisation and Decision-making in Native Title

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Publisher : AIATSIS Research Publications
ISBN 13 : 9781922102614
Total Pages : 254 pages
Book Rating : 4.1/5 (26 download)

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Book Synopsis Authorisation and Decision-making in Native Title by : Nick Duff

Download or read book Authorisation and Decision-making in Native Title written by Nick Duff and published by AIATSIS Research Publications. This book was released on 2017-02-07 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Customary marine tenure in Australia

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Publisher : Sydney University Press
ISBN 13 : 1743323891
Total Pages : 418 pages
Book Rating : 4.7/5 (433 download)

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Book Synopsis Customary marine tenure in Australia by : Nicolas Peterson

Download or read book Customary marine tenure in Australia written by Nicolas Peterson and published by Sydney University Press. This book was released on 2014-02-19 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most Australians are familiar with the concept of land ownership and understand the meaning of native title, which recognises Indigenous peoples' rights to land to which they are spiritually or culturally connected. The ownership of areas of sea and its resources is often overlooked however, despite Aboriginal and Torres Strait Islander connections with the sea being just as important as those with the land. The papers in this volume demonstrate how the concept of customary marine tenure has developed in various communities and look at some of its implications. Originating in a session of papers at a conference in 1996, the papers in this volume were originally published as Oceania Monograph 48 in 1998.

Aboriginal Title and Indigenous Peoples

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Publisher : UBC Press
ISBN 13 : 0774859296
Total Pages : 280 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Aboriginal Title and Indigenous Peoples by : Louis A. Knafla

Download or read book Aboriginal Title and Indigenous Peoples written by Louis A. Knafla and published by UBC Press. This book was released on 2011-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Indigenous Water Rights in Law and Regulation

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Publisher : Cambridge University Press
ISBN 13 : 1108473067
Total Pages : 313 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Indigenous Water Rights in Law and Regulation by : Elizabeth Jane Macpherson

Download or read book Indigenous Water Rights in Law and Regulation written by Elizabeth Jane Macpherson and published by Cambridge University Press. This book was released on 2019-08-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.

'Against Native Title'

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Publisher :
ISBN 13 : 9781925302080
Total Pages : 243 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis 'Against Native Title' by : Eve Vincent

Download or read book 'Against Native Title' written by Eve Vincent and published by . This book was released on 2017 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Aiatsis Map of Indigenous Australia

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Publisher :
ISBN 13 : 9781922059697
Total Pages : pages
Book Rating : 4.0/5 (596 download)

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Book Synopsis The Aiatsis Map of Indigenous Australia by : David Horton

Download or read book The Aiatsis Map of Indigenous Australia written by David Horton and published by . This book was released on 2016-05-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The highly popular AIATSIS map of Indigenous Australia is now available in a compact, portable A3 size. Available flat or folded (packaged in a handy cellophane bag ) it s the perfect take-home product for tourists and anyone interested in the diversity of our first nations peoples. The handy desk size also makes it an ideal resource for individual student use. For tens of thousands of years, the First Australians have occupied this continent as many different nations with diverse cultural relationships linking them to their own particular lands. The ancestral creative beings left languages on country, along with the first peoples and their cultures. More than 200 distinct languages, and countless dialects of them, were in use when European colonization began. While people in some communities continue to speak their own languages, many others are seeking to record and revive threatened ones. Aboriginal and Torres Strait Islander peoples retain their connection to their traditional lands regardless of where they live. Using published resources available from 1988-1994, the map represents the remarkable diversity of language or nation groups of the Aboriginal and Torres Strait Islander peoples of Australia. The map was produced before native title legislation and is not suitable for use in native title or other land claims."

Native Title from Mabo to Akiba

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Publisher :
ISBN 13 : 9781862879980
Total Pages : 273 pages
Book Rating : 4.8/5 (799 download)

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Book Synopsis Native Title from Mabo to Akiba by : Sean Brennan

Download or read book Native Title from Mabo to Akiba written by Sean Brennan and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Recognising Aboriginal Title

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Author :
Publisher :
ISBN 13 :
Total Pages : 492 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Recognising Aboriginal Title by : Peter H. Russell

Download or read book Recognising Aboriginal Title written by Peter H. Russell and published by . This book was released on 2006 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Our Land is Our Life

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Publisher : University of Queensland Press(Australia)
ISBN 13 :
Total Pages : 286 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Our Land is Our Life by : Galarrwuy Yunupingu

Download or read book Our Land is Our Life written by Galarrwuy Yunupingu and published by University of Queensland Press(Australia). This book was released on 1997 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our Land is Our Lifeis a rare opportunity to sit down with Galarrwuy Yunupingu, Marcia Langton, Michael Dodson and Patrick Dodson, Noel Person, Lois O'Donoghue, Michael Mansell, Peter Yu, and many more whose names appear in the daily media. In this collection the most influential indigenous leaders of our time provide analyses and reveal their passions for their people and land, and for the Australia we all want to call home.

The Great Land Grab

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Publisher :
ISBN 13 : 9781864470314
Total Pages : 141 pages
Book Rating : 4.4/5 (73 download)

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Book Synopsis The Great Land Grab by : Michael Bachelard

Download or read book The Great Land Grab written by Michael Bachelard and published by . This book was released on 1997 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.