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Critique Of The Aboriginal Land Rights Commission Reports 1973 And 1974
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Download or read book Aboriginal Title written by P.G. McHugh and published by Oxford University Press, USA. This book was released on 2011-08-18 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal title, the land rights of native peoples in former colonies, is one of the most significant developments in common law in the late 20th century. This book, by a key author in this field, sets out the beginnings, judicial acceptance and influence of this doctrine across national jurisdictions and in international law.
Book Synopsis Australian Critical Decisions by : Ann Genovese
Download or read book Australian Critical Decisions written by Ann Genovese and published by Routledge. This book was released on 2018-02-02 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1980s was a time of significant social, political and cultural change. In Australia law was pivotal to these changes. The two High Court cases that this book explores- Koowarta v Bjelke-Petersen in 1982 and the Tasmanian Dams case in 1983- are famous legally as they marked a decisive reckoning by the Court with both international law and federal constitutionalism. Yet these cases also offer a significant marker of Australia in the 1980s: a shift to a different form of political engagement, nationally and internationally, on complex questions about race, and the environment. This book brings these cases together for the first time. It does so to explore not only the legal legacy and relationship between Koowarta and Tasmanian Dams, but also to reflect on how Australians experience their law in time and place, and why those experiences might require more than the usual legal records. The authors include significant figures in Australian public life, some of whom were key participants in the cases, as well as established and respected scholars in law, history, Indigenous and environmental studies. The book offers a combination of personal recollections of the cases- the drama of how they were brought before the courts and decided- as well as a consideration of the cases’ ongoing significance in Australian life. This book was previously published as two special issues in the Griffith Law Review.
Book Synopsis Beyond Communal and Individual Ownership by : Leon Terrill
Download or read book Beyond Communal and Individual Ownership written by Leon Terrill and published by Routledge. This book was released on 2015-10-05 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last decade, Australian governments have introduced a series of land reforms in communities on Indigenous land. This book is the first in-depth study of these significant and far reaching reforms. It explains how the reforms came about, what they do and their consequences for Indigenous landowners and community residents. It also revisits the rationale for their introduction and discusses the significant gap between public debate about the reforms and their actual impact. Drawing on international research, the book describes how it is necessary to move beyond the concepts of communal and individual ownership in order to understand the true significance of the reforms. The book's fresh perspective on land reform and careful assessment of key land reform theories will be of interest to scholars of indigenous land rights, land law, indigenous studies and aboriginal culture not only in Australia but also in any other country with an interest in indigenous land rights.
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 International Trade and Business Law Review: Volume XII by : Gabriel Moens
Download or read book International Trade and Business Law Review: Volume XII written by Gabriel Moens and published by Routledge. This book was released on 2009-03-11 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Trade and Business Law Review publishes leading articles, comments and case notes, as well as book reviews dealing with international trade and business law, arbitration law, foreign law and comparative law. It provides the legal and business communities with information, knowledge and understanding of recent developments in international trade, business and international commercial arbitration. The Review contributes in a scholarly way to the discussion of these developments while being informative and having practical relevance to business people and lawyers. The Review also devotes a section to the Willem C. Vis International Commercial Arbitration Moot and publishes the memoranda prepared by teams coached by Professor Gabriël A. Moens. The Review is edited at the Murdoch University School of Law in Perth, Australia. The Editors-in-Chief are Mr Roger Jones, Partner, Latham & Watkins LLP, Chicago and Gabriël A. Moens, Dean and Professor of Law, Murdoch Law School. It is an internationally-refereed journal. The Review is supervised by an international board of editors that consists of leading international trade law practitioners and academics from the European Union, the United States, Asia and Australia. The Student Editors for Volume XII are Sybil Almeida, Gianni Bei, Luke Rotondella, and Nicholas Summers from the Murdoch Law School.
Book Synopsis The Land is Our History by : Miranda C. L. Johnson
Download or read book The Land is Our History written by Miranda C. L. Johnson and published by Oxford University Press. This book was released on 2016 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book chronicles the extraordinary story of indigenous activism in the late twentieth century. Taking their claims for justice to law, indigenous peoples transformed debates about national identity and reframed the terms of belonging in settler states. - from the back cover.
Book Synopsis Buying Back the Land by : Ian Palmer
Download or read book Buying Back the Land written by Ian Palmer and published by Aboriginal Studies Press. This book was released on 1988 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political, legal and bureaucratic problems of implementation of land purchases from 1960s to present day; contradictions of land rights demands in Capitalist Australia; major phases of Aborigianal Land Fund Commission s life; Department of Aboriginal Affairs relations with A.L.F.C.
Download or read book A Fatal Conjunction written by Joan Kimm and published by Federation Press. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do Aboriginal women in Australia experience such high levels of violence in their own communities? In this considered and carefully researched book, Joan Kimm discusses the extent and nature of the violence, its underlying causes, current policies that deal with it, and changes that might improve these policies. Her work covers: the devastating legacy of European colonialism on Indigenous culture, modern anthropological evidence about patriarchy and violence in traditional Aboriginal societies, beliefs held by Aboriginals, particularly men, about their cultural heritage, the impact of cultural heritage upon modern Indigenous society, and changing judicial attitudes to sentencing Aboriginal men for violence to Aboriginal women, shifting from emphasis on the men's cultural background to emphasis on the women's rights as victims. Kimm shows how this multi-faceted environment, particularly the interaction of two patriarchal laws, has had, and continues to have, very real destructive effects on Aboriginal women. Kimm argues powerfully that Aboriginal women, like all women, like all humans, have the universal right to lives free of violence. She contends that current law, policy and practice place too much emphasis on their rights as Indigenous people and too little on their rights as women. A shift in emphasis will be an important first step to safer lives.
Book Synopsis Aborigines and the Law by : C. J. Brockwell
Download or read book Aborigines and the Law written by C. J. Brockwell and published by Anu Press. This book was released on 1979 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lists books and articles, legislation, bibliographies and Aboriginal journals.
Book Synopsis Winners and Losers by : Stuart Macintyre
Download or read book Winners and Losers written by Stuart Macintyre and published by Routledge. This book was released on 2020-07-29 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is a fair wage? Is there a right to work? Is there a right to shelter or to good health? What are the entitlements of those who cannot work? Can opportunities be equal? For women? For Aborigines? For more than a century, Australians have addressed expectations of social justice to their governments and have had to live with the consequences. This book looks at how changing circumstances have generated changing popular aspirations, and how these in turn have been translated into public policy. It argues that social justice has no single meaning and is in fact the site of conflicting and divergent endeavours. Precisely for this reason it has a special relevance for the age of consensus. The first part of this book uses these shifting interpretations of social justice as a lodestar to chart a new course through the history of this country. The second part shows how it operates today as a focus of debate in areas ranging from education to Aboriginal land rights. The book therefore offers a new perspective on the past and a trenchant analysis of the present. It draws together a wide range of material and presents it by means of case studies that assume no specialist knowledge. It will appeal to students of Australian history, public policy and social welfare; and it is addressed to all readers with an interest in the future of their country.
Book Synopsis Citizens Without Rights by : John Chesterman
Download or read book Citizens Without Rights written by John Chesterman and published by Cambridge University Press. This book was released on 1997-12-22 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: 3. Is the constitution to blame.
Book Synopsis The Cambridge Legal History of Australia by : Peter Cane
Download or read book The Cambridge Legal History of Australia written by Peter Cane and published by Cambridge University Press. This book was released on 2022-08-18 with total page 927 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring contributions from leading lawyers, historians and social scientists, this path-breaking volume explores encounters of laws, people, and places in Australia since 1788. Its chapters address three major themes: the development of Australian settler law in the shadow of the British Empire; the interaction between settler law and First Nations people; and the possibility of meaningful encounter between First laws and settler legal regimes in Australia. Several chapters explore the limited space provided by Australian settler law for respectful encounters, particularly in light of the High Court's particular concerns about the fragility of Australian sovereignty. Tracing the development of a uniquely Australian law and the various contexts that shaped it, this volume is concerned with the complexity, plurality, and ambiguity of Australia's legal history.
Book Synopsis Arrernte Present, Arrernte Past by : Diane J. Austin-Broos
Download or read book Arrernte Present, Arrernte Past written by Diane J. Austin-Broos and published by University of Chicago Press. This book was released on 2009-08-01 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Arrernte people of Central Australia first encountered Europeans in the 1860s as groups of explorers, pastoralists, missionaries, and laborers invaded their land. During that time the Arrernte were the subject of intense curiosity, and the earliest accounts of their lives, beliefs, and traditions were a seminal influence on European notions of the primitive. The first study to address the Arrernte’s contemporary situation, Arrernte Present, Arrernte Past also documents the immense sociocultural changes they have experienced over the past hundred years. Employing ethnographic and archival research, Diane Austin-Broos traces the history of the Arrernte as they have transitioned from a society of hunter-gatherers to members of the Hermannsburg Mission community to their present, marginalized position in the modern Australian economy. While she concludes that these wrenching structural shifts led to the violence that now marks Arrernte communities, she also brings to light the powerful acts of imagination that have sustained a continuing sense of Arrernte identity.
Book Synopsis New State-Making in the Pacific Rim, 1850–1974 by : Peter J. Aschenbrenner
Download or read book New State-Making in the Pacific Rim, 1850–1974 written by Peter J. Aschenbrenner and published by Rowman & Littlefield. This book was released on 2024-08-21 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: European colonial empires were built on private wealth-seeking (gold, silver and oil). These extractive activities required massive public subsidies. Drawing on the experience of three Pacific Rim nations — Australia, Japan and Canada and two territories in the US (Hawaii and Alaska) — New State-Making in the Pacific Rim, 1850-1974: Gold, Silver, Oil, Greed and Government demonstrates how 19th century colonialism contained the seeds of its own destruction. Peter J. Aschenbrenner identifies three factors that marked the turning point in the history of colonialism. First, governments demanded a greater return to the public treasury from private extractive activities and a reduced footprint (measured in environmental devastation and obliteration of local cultures. Second, first residents acquired considerable skill in ‘adaptation for survival,’ that is, fighting back against oppression (manifested in programs of extermination, forced population movement and hostility to language, religion and traditional subsistence practices). Third, colonial nations’ participation in World War I required their armed forces to fill manpower needs by calling on minorities to perform military service. This gave minorities significant leverage in their struggle to achieve equal political rights and access to their fair share of government benefits. Rethinking colonial practices became a realistic option, once national survival was at risk.
Book Synopsis Negotiating Claims by : Christa Scholtz
Download or read book Negotiating Claims written by Christa Scholtz and published by Routledge. This book was released on 2013-10-14 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do governments choose to negotiate indigenous land claims rather than resolve claims through some other means? In this book Scholtz explores why a government would choose to implement a negotiation policy, where it commits itself to a long-run strategy of negotiation over a number of claims and over a significant course of time. Through an examination strongly grounded in archival research of post-World War Two government decision-making in four established democracies - Australia, Canada, New Zealand, and the United States - Scholtz argues that negotiation policies emerge when indigenous people mobilize politically prior to significant judicial determinations on land rights, and not after judicial change alone. Negotiating Claims links collective action and judicial change to explain the emergence of new policy institutions.
Author :Australia. Law Reform Commission Publisher :Australian Government Publishing Service ISBN 13 : Total Pages :440 pages Book Rating :4.:/5 (6 download)
Book Synopsis The Recognition of Aboriginal Customary Laws by : Australia. Law Reform Commission
Download or read book The Recognition of Aboriginal Customary Laws written by Australia. Law Reform Commission and published by Australian Government Publishing Service. This book was released on 1986 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed examination of the scope for recognition of customary laws through existing common law rules; human rights and problems of relativity of standards; contact experience; constitutional aspects; marriage and family structures; recognition of traditional marriage; protection and distribution of property; child custody, fostering and adoption; the criminal justice system; customary law offences; police investigation and interrogation; issues of evidence and procedure including unsworn statements, juries and interpreters; proof of customary law including scope of expert evidence; taking of evidence including group evidence, secrecy and privileged communications; customary methods of dispute settlement; special Aboriginal courts and justice schemes; relations with police; traditional hunting, fishing and gathering practices; relevant case law and legislation considered throughout.
Book Synopsis Official Year Book of the Commonwealth of Australia No. 62 - 1977 and 1978 by :
Download or read book Official Year Book of the Commonwealth of Australia No. 62 - 1977 and 1978 written by and published by Aust. Bureau of Statistics. This book was released on with total page 846 pages. Available in PDF, EPUB and Kindle. Book excerpt:
