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Contesting Native Title In Australia
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Book Synopsis Contesting Native Title by : David Ritter
Download or read book Contesting Native Title written by David Ritter and published by Routledge. This book was released on 2020-08-26 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book debunks in spectacular fashion some of the most treasured, over-inflated claims of the benefits of native title.' Professor Mick Dodson, ANU Centre for Indigenous Studies 'David Ritter's fascinating account of the evolution of the native title system is elegant and incisive, scholarly and sceptical; above all, unfailingly intelligent.' Professor Robert Manne, La Trobe University 'An unsentimental, richly informed account of a fascinating period in the history of Australia's relationships with its indigenous people.' From the Foreword by Chief Justice Robert French After the historic Mabo judgement in 1992, Aboriginal communities had high hopes of obtaining land rights around Australia. What followed is a dramatic story of hard-fought contests over land, resources, money and power, yielding many frustrations and mixed outcomes. Based on extensive research, enriched by intimate experience as a lawyer and negotiator, David Ritter offers both an insider's perspective and a cool-headed and broad-ranging account of the native title system. In lucid prose Ritter examines the contributions of the players that contested and adjudicated native title: Aboriginal leaders and their communities, multinational resource companies, pastoralists, courts and tribunals, politicians and bureaucrats. His account lays bare the conflicts, compromises and conceits beneath the surface of the native title process.
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.
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.
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.
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 The Limits of Change by : Toni Bauman
Download or read book The Limits of Change written by Toni Bauman and published by . This book was released on 2012 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks back at the twenty years since the Mabo decision to clarify the challenges that remain as well as all that has been accomplished so far.
Book Synopsis Reclaiming Indigenous Governance by : William Nikolakis
Download or read book Reclaiming Indigenous Governance written by William Nikolakis and published by University of Arizona Press. This book was released on 2019-10-22 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reclaiming Indigenous Governance examines the efforts of Indigenous peoples in four important countries to reclaim their right to self-govern. Showcasing Native nations, this timely book presents diverse perspectives of both practitioners and researchers involved in Indigenous governance in Canada, Australia, New Zealand, and the United States (the CANZUS states). Indigenous governance is dynamic, an ongoing relationship between Indigenous peoples and settler-states. The relationship may be vigorously contested, but it is often fragile—one that ebbs and flows, where hard-won gains can be swiftly lost by the policy reversals of central governments. The legacy of colonial relationships continues to limit advances in self-government. Yet Indigenous peoples in the CANZUS countries are no strangers to setbacks, and their growing movement provides ample evidence of resilience, resourcefulness, and determination to take back control of their own destiny. Demonstrating the struggles and achievements of Indigenous peoples, the chapter authors draw on the wisdom of Indigenous leaders and others involved in rebuilding institutions for governance, strategic issues, and managing lands and resources. This volume brings together the experiences, reflections, and insights of practitioners confronting the challenges of governing, as well as researchers seeking to learn what Indigenous governing involves in these contexts. Three things emerge: the enormity of the Indigenous governance task, the creative agency of Indigenous peoples determined to pursue their own objectives, and the diverse paths they choose to reach their goal.
Book Synopsis My Country, Mine Country by : Benedict Scambary
Download or read book My Country, Mine Country written by Benedict Scambary and published by ANU E Press. This book was released on 2013-05-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Agreements between the mining industry and Indigenous people are not creating sustainable economic futures for Indigenous people, and this demands consideration of alternate forms of economic engagement in order to realise such futures. Within the context of three mining agreements in north Australia this study considers Indigenous livelihood aspirations and their intersection with sustainable development agendas. The three agreements are the Yandi Land Use Agreement in the Central Pilbara in Western Australia, the Ranger Uranium Mine Agreement in the Kakadu region of the Northern Territory, and the Gulf Communities Agreement in relation to the Century zinc mine in the southern Gulf of Carpentaria in Queensland. Recent shifts in Indigenous policy in Australia seek to de-emphasise the cultural behaviour or imperatives of Indigenous people in undertaking economic action, in favour of a mainstream conventional approach to economic development. Concepts of value, identity, and community are key elements in the tension between culture and economics that exists in the Indigenous policy environment. Whilst significant diversity exists within the Indigenous polity, Indigenous aspirations for the future typically emphasise a desire for alternate forms of economic engagement that combine elements of the mainstream economy with the maintenance and enhancement of Indigenous institutions and livelihood activities. Such aspirations reflect ongoing and dynamic responses to modernity, and typically concern the interrelated issues of access to and management of country, the maintenance of Indigenous institutions associated with family and kin, access to resources such as cash and vehicles, the establishment of robust representative organisations, and are integrally linked to the derivation of both symbolic and economic value of livelihood pursuits.
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:
Download or read book Dark Emu written by Bruce Pascoe and published by . This book was released on 2015-10-01 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dark Emu puts forward an argument for a reconsideration of the hunter-gatherer tag for pre-colonial Aboriginal Australians. The evidence insists that Aboriginal people right across the continent were using domesticated plants, sowing, harvesting, irrigating and storing - behaviors inconsistent with the hunter-gatherer tag. Gerritsen and Gammage in their latest books support this premise but Pascoe takes this further and challenges the hunter-gatherer tag as a convenient lie. Almost all the evidence comes from the records and diaries of the Australian explorers, impeccable sources.
Book Synopsis Mabo and Native Title by : Will Sanders
Download or read book Mabo and Native Title written by Will Sanders and published by . This book was released on 1994 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreword (p.iii) by Jon Altman and John Braithwaite - a brief history of this series of seminars held in May 1994; papers by J. Beckett, H. Reynolds, F. Brennan, G. Nettheim, J.C. Altman annotated separately.
Book Synopsis Indigenous Peoples and the Second World War by : R. Scott Sheffield
Download or read book Indigenous Peoples and the Second World War written by R. Scott Sheffield and published by Cambridge University Press. This book was released on 2019 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: A transnational history of how Indigenous peoples mobilised en masse to support the war effort on the battlefields and the home fronts.
Book Synopsis Contested Governance by : Janet Hunt
Download or read book Contested Governance written by Janet Hunt and published by ANU E Press. This book was released on 2008-10-01 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is gradually being recognised by both Indigenous and non-Indigenous Australians that getting contemporary Indigenous governance right is fundamental to improving Indigenous well-being and generating sustained socioeconomic development. This collection of papers examines the dilemmas and challenges involved in the Indigenous struggle for the development and recognition of systems of governance that they recognise as both legitimate and effective. The authors highlight the nature of the contestation and negotiation between Australian governments, their agents, and Indigenous groups over the appropriateness of different governance processes, values and practices, and over the application of related policy, institutional and funding frameworks within Indigenous affairs. The long-term, comparative study reported in this monograph has been national in coverage, and community and regional in focus. It has pulled together a multidisciplinary team to work with partner communities and organisations to investigate Indigenous governance arrangements-the processes, structures, scales, institutions, leadership, powers, capacities, and cultural foundations-across rural, remote and urban settings. This ethnographic case study research demonstrates that Indigenous and non-Indigenous governance systems are intercultural in respect to issues of power, authority, institutions and relationships. It documents the intended and unintended consequences-beneficial and negative-arising for both Indigenous and non-Indigenous Australians from the realities of contested governance. The findings suggest that the facilitation of effective, legitimate governance should be a policy, funding and institutional imperative for all Australian governments. This research was conducted under an Australian Research Council Linkage Project, with Reconciliation Australia as Industry Partner.
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.
Book Synopsis Native Title in Australia by : Peter Sutton
Download or read book Native Title in Australia written by Peter Sutton and published by Cambridge University Press. This book was released on 2004-01-19 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Native title has often been one of the most controversial political, legal and indeed moral issues in Australia. Ever since the High Court's Mabo decision of 1992, the attempt to understand and adapt native title to different contexts and claims has been an ongoing concern for that broad range of people involved with claims. In this book, originally published in 2003, Peter Sutton sets out fundamental anthropological issues to do with customary rights, kinship, identity, spirituality and so on that are relevant for lawyers and others working on title claims. Sutton offers a critical discussion of anthropological findings in the field of Aboriginal traditional interests in land and waters, focusing on the kinds of customary rights that are 'held' in Aboriginal 'countries', the types of groups whose members have been found to enjoy those rights, and how such groups have fared over the last 200 years of Australian history.
Download or read book Law's Anthropology written by Paul Burke and published by ANU E Press. This book was released on 2011-11-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anthropologists have been appearing as key expert witnesses in native title claims for over 20 years. Until now, however, there has been no theoretically-informed, detailed investigation of how the expert testimony of anthropologists is formed and how it is received by judges. This book examines the structure and habitus of both the field of anthropology and the juridical field and how they have interacted in four cases, including the original hearing in the Mabo case. The analysis of background material has been supplemented by interviews with the key protagonists in each case. This allows the reader a unique, insider's perspective of the courtroom drama that unfolds in each case. The book asks, given the available ethnographic research, how will the anthropologist reconstruct it in a way that is relevant to the legal doctrine of native title when that doctrine gives a wide leeway for interpretation on the critical questions.
Book Synopsis Indigenous Dispute Resolution and Conflict Management by :
Download or read book Indigenous Dispute Resolution and Conflict Management written by and published by . This book was released on 2006 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
