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Aboriginal Land Tenure And Contemporary Claims In Australia
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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.
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.
Download or read book We Are Here written by Edwin N. Wilmsen and published by Univ of California Press. This book was released on 2023-04-28 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1989.
Book Synopsis Customary Land Tenure and Registration in Australia and Papua New Guinea by : James F. Weiner
Download or read book Customary Land Tenure and Registration in Australia and Papua New Guinea written by James F. Weiner and published by ANU E Press. This book was released on 2007-06-01 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main theme of this volume is a discussion of the ways in which legal mechanisms, such as the Land Groups Incorporation Act (1974) in PNG, and the Native Title Act (1993) in Australia, do not, as they purport, serve merely to identify and register already-existing customary indigenous landowning groups in these countries. Because the legislation is an integral part of the way in which indigenous people are defined and managed in relation to the State, it serves to elicit particular responses in landowner organisation and self-identification on the part of indigenous people. These pieces of legislation actively contour the progressive evolution of landowner social, territorial and political organisation at all levels in these nation states. The contributors to this volume provide in-depth anthropological case studies of social structural and cultural transformations engendered by the confrontation between states, developers and indigenous communities over rights to customarily owned land.
Download or read book Coming to Terms written by Shaun Berg and published by Wakefield Press. This book was released on 2010 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Planning for Coexistence? by : Libby Porter
Download or read book Planning for Coexistence? written by Libby Porter and published by Routledge. This book was released on 2016-06-10 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Planning is becoming one of the key battlegrounds for Indigenous people to negotiate meaningful articulation of their sovereign territorial and political rights, reigniting the essential tension that lies at the heart of Indigenous-settler relations. But what actually happens in the planning contact zone - when Indigenous demands for recognition of coexisting political authority over territory intersect with environmental and urban land-use planning systems in settler-colonial states? This book answers that question through a critical examination of planning contact zones in two settler-colonial states: Victoria, Australia and British Columbia, Canada. Comparing the experiences of four Indigenous communities who are challenging and renegotiating land-use planning in these places, the book breaks new ground in our understanding of contemporary Indigenous land justice politics. It is the first study to grapple with what it means for planning to engage with Indigenous peoples in major cities, and the first of its kind to compare the underlying conditions that produce very different outcomes in urban and non-urban planning contexts. In doing so, the book exposes the costs and limits of the liberal mode of recognition as it comes to be articulated through planning, challenging the received wisdom that participation and consultation can solve conflicts of sovereignty. This book lays the theoretical, methodological and practical groundwork for imagining what planning for coexistence might look like: a relational, decolonizing planning praxis where self-determining Indigenous peoples invite settler-colonial states to their planning table on their terms.
Book Synopsis Aboriginal Customary Law: A Source of Common Law Title to Land by : Ulla Secher
Download or read book Aboriginal Customary Law: A Source of Common Law Title to Land written by Ulla Secher and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
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.
Book Synopsis Political Theory and the Rights of Indigenous Peoples by : Duncan Ivison
Download or read book Political Theory and the Rights of Indigenous Peoples written by Duncan Ivison and published by Cambridge University Press. This book was released on 2000-10-12 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2001 book focuses on the problem of justice for indigenous peoples and the ways in which this poses key questions for political theory: the nature of sovereignty, the grounds of national identity and the limits of democratic theory. It includes chapters by leading political theorists and indigenous scholars from Australia, Aotearoa/New Zealand, Canada and the United States. One of the strengths of this book is the manner in which it shows how the different historical circumstances of colonization in these countries nevertheless raise common problems and questions for political theory. It examines ways in which political theory has contributed to the past subjugation and continuing disadvantage faced by indigenous peoples, while also seeking to identify resources in contemporary political thought that can assist the 'decolonisation' of relations between indigenous and non-indigenous peoples.
Book Synopsis Claiming the Aboriginal Body in Tasmania. An Anthropological Study of Repatriation and Redress by : Maja Petroviæ-Šteger
Download or read book Claiming the Aboriginal Body in Tasmania. An Anthropological Study of Repatriation and Redress written by Maja Petroviæ-Šteger and published by Založba ZRC. This book was released on 2013-09-01 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zaradi uspešnega lobiranja aboriginskih skupin iz Tasmanije po repatriaciji predniških ostankov se sodobne svetovne muzejske in znanstvene zbirke radikalno spreminjajo. V zadnjih desetih letih se je vrsta muzejev v Veliki Britaniji, Avstraliji, ZDA in drugje odrekla zbirkam predniškega telesnega materiala oziroma prepovedala njihovo razstavljanje v javnosti.
Book Synopsis Archaeological Theory and the Politics of Cultural Heritage by : Laurajane Smith
Download or read book Archaeological Theory and the Politics of Cultural Heritage written by Laurajane Smith and published by Routledge. This book was released on 2004-08-02 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This controversial book is a survey of how relationships between indigenous peoples and the archaeological establishment have got into difficulty, and a crucial pointer to how to move forward from this point. With lucid appraisals of key debates such as NAGPRA, Kennewick and the repatriation of Tasmanian artefacts, Laurajane Smith dissects the nature and consequences of this clash of cultures. Smith explores how indigenous communities in the USA and Australia have confronted the pre-eminence of archaeological theory and discourse in the way the material remains of their past are cared for and controlled, and how this has challenged traditional archaeological thought and practice. Essential reading for all those concerned with developing a just and equal dialogue between the two parties, and the role of archaeology in the research and management of their heritage.
Book Synopsis The Land Is Our History by : Miranda Johnson
Download or read book The Land Is Our History written by Miranda Johnson and published by Oxford University Press. This book was released on 2016-09-20 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Land Is Our History tells the story of indigenous legal activism at a critical political and cultural juncture in Australia, Canada, and New Zealand. In the late 1960s, indigenous activists protested assimilation policies and the usurpation of their lands as a new mining boom took off, radically threatening their collective identities. Often excluded from legal recourse in the past, indigenous leaders took their claims to court with remarkable results. For the first time, their distinctive histories were admitted as evidence of their rights. Miranda Johnson examines how indigenous peoples advocated for themselves in courts and commissions of inquiry between the early 1970s to the mid-1990s, chronicling an extraordinary and overlooked history in which virtually disenfranchised peoples forced powerful settler democracies to reckon with their demands. Based on extensive archival research and interviews with leading participants, The Land Is Our History brings to the fore complex and rich discussions among activists, lawyers, anthropologists, judges, and others in the context of legal cases in far-flung communities dealing with rights, history, and identity. The effects of these debates were unexpectedly wide-ranging. By asserting that they were the first peoples of the land, indigenous leaders compelled the powerful settler states that surrounded them to negotiate their rights and status. Fracturing national myths and making new stories of origin necessary, indigenous peoples' claims challenged settler societies to rethink their sense of belonging.
Book Synopsis . . . From Time Immemorial by : Richard J. Perry
Download or read book . . . From Time Immemorial written by Richard J. Perry and published by University of Texas Press. This book was released on 1996 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Around the globe, people who have lived in a place "from time immemorial" have found themselves confronted by and ultimately incorporated within larger state systems. During more than three decades of anthropological study of groups ranging from the Apache to the indigenous peoples of Kenya, Richard J. Perry has sought to understand this incorporation process and, more importantly, to identify the factors that drive it. This broadly synthetic and highly readable book chronicles his findings. Perry delves into the relations between state systems and indigenous peoples in Canada, the United States, Mexico, and Australia. His explorations show how, despite differing historical circumstances, encounters between these state systems and native peoples generally followed a similar pattern: invasion, genocide, displacement, assimilation, and finally some measure of apparent self-determination for the indigenous people—which may, however, have its own pitfalls. After establishing this common pattern, Perry tackles the harder question—why does it happen this way? Defining the state as a nexus of competing interest groups, Perry offers persuasive evidence that competition for resources is the crucial factor in conflicts between indigenous peoples and the powerful constituencies that drive state policies. These findings shed new light on a historical phenomenon that is too often studied in isolated instances. This book will thus be important reading for everyone seeking to understand the new contours of our postcolonial world.
Book Synopsis Labor's Lot by : Elizabeth A. Povinelli
Download or read book Labor's Lot written by Elizabeth A. Povinelli and published by University of Chicago Press. This book was released on 1993 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysis of the role of labour in every day activities and its influence on the construction of identity among the Belyuen Aborigines, Cox Peninsula, NT; Western definitions of labour; Aboriginal relationship to land and land ownership; concepts of knowledge and the role of story; negotiation of the land claim process - Kenbi land Claim; representation of pre-colonial, colonial and postcolonial Aboriginality in the Darwin region - Laragiya and Wagaitj; Aboriginal women's use and narratives of the past; interpretation of mythic labour and contemporary actions - spirit children, totems; activities affecting the mythic landscape - hunting and sweat; Belyuen economic structures; proportion of bush and store bought food in the diet; use of time; relations with the market economy - local stores, use of money; history of land use and colonial ownership in the Darwin region; contemporary Aboriginal use of the Belyuen region - settlement patterns; process of forming and maintaining cultural identity in contemporary political and economic power structures.
Book Synopsis The Aboriginal Tent Embassy by : Gary Foley
Download or read book The Aboriginal Tent Embassy written by Gary Foley and published by Routledge. This book was released on 2013-07-24 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1972 Aboriginal Embassy was one of the most significant indigenous political demonstrations of the twentieth century. What began as a simple response to a Prime Ministerial statement on Australia Day 1972, evolved into a six-month political stand-off between radical Aboriginal activists and a conservative Australian government. The dramatic scenes in July 1972 when police forcibly removed the Embassy from the lawns of the Australian Houses of Parliament were transmitted around the world. The demonstration increased international awareness of the struggle for justice by Aboriginal people, brought an end to the national government policy of assimilation and put Aboriginal issues firmly onto the national political agenda. The Embassy remains today and on Australia Day 2012 was again the focal point for national and international attention, demonstrating the intensity that the Embassy can still provoke after forty years of just sitting there. If, as some suggest, the Embassy can only ever be removed by Aboriginal people achieving their goals of Land Rights, Self-Determination and economic independence then it is likely to remain for some time yet. ‘This book explores the context of this moment that captured the world’s attention by using, predominantly, the voices of the people who were there. More than a simple oral history, some of the key players represented here bring with them the imprimatur of the education they were to gain in the era after the Tent Embassy. This is an act of radicalisation. The Aboriginal participants in subversive political action have now broken through the barriers of access to academia and write as both eye-witnesses and also as trained historians, lawyers, film-makers. It is another act of subversion, a continuing taunt to the entrenched institutions of the dominant culture, part of a continuum of political thought and action.’ (Larissa Behrendt, Professor of Law, Jumbunna Indigenous House of Learning, University of Technology Sydney)
Book Synopsis The Neoliberal State, Recognition and Indigenous Rights by : Deirdre Howard-Wagner
Download or read book The Neoliberal State, Recognition and Indigenous Rights written by Deirdre Howard-Wagner and published by ANU Press. This book was released on 2018-07-25 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The impact of neoliberal governance on indigenous peoples in liberal settler states may be both enabling and constraining. This book is distinctive in drawing comparisons between three such states—Australia, Canada and New Zealand. In a series of empirically grounded, interpretive micro-studies, it draws out a shared policy coherence, but also exposes idiosyncrasies in the operational dynamics of neoliberal governance both within each state and between them. Read together as a collection, these studies broaden the debate about and the analysis of contemporary government policy. The individual studies reveal the forms of actually existing neoliberalism that are variegated by historical, geographical and legal contexts and complex state arrangements. At the same time, they present examples of a more nuanced agential, bottom-up indigenous governmentality. Focusing on intense and complex matters of social policy rather than on resource development and land rights, they demonstrate how indigenous actors engage in trying to govern various fields of activity by acting on the conduct and contexts of everyday neoliberal life, and also on the conduct of state and corporate actors.
Book Synopsis The Oxford Encyclopedia of Women in World History by : Bonnie G. Smith
Download or read book The Oxford Encyclopedia of Women in World History written by Bonnie G. Smith and published by . This book was released on 2008 with total page 2710 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Encyclopedia of Women in World History captures the experiences of women throughout world history in a comprehensive, 4-volume work. Although there has been extensive research on women in history by region, no text or reference work has comprehensively covered the role women have played throughout world history. The past thirty years have seen an explosion of research and effort to present the experiences and contributions of women not only in the Western world but across the globe. Historians have investigated womens daily lives in virtually every region and have researched the leadership roles women have filled across time and region. They have found and demonstrated that there is virtually no historical, social, or demographic change in which women have not been involved and by which their lives have not been affected. The Oxford Encyclopedia of Women in World History benefits greatly from these efforts and experiences, and illuminates how women worldwide have influenced and been influenced by these historical, social, and demographic changes. The Encyclopedia contains over 1,250 signed articles arranged in an A-Z format for ease of use. The entries cover six main areas: biographies; geography and history; comparative culture and society, including adoption, abortion, performing arts; organizations and movements, such as the Egyptian Uprising, and the Paris Commune; womens and gender studies; and topics in world history that include slave trade, globalization, and disease. With its rich and insightful entries by leading scholars and experts, this reference work is sure to be a valued, go-to resource for scholars, college and high school students, and general readers alike.
