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Author : Lisa Strelein
Publisher :
ISBN 13 : 9780855753405
Total Pages : 8 pages
Book Rating : 4.7/5 (534 download)
Download or read book Extinguishment and the Nature of Native Title written by Lisa Strelein and published by . This book was released on 1999 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : P. G. McHugh
Publisher : OUP Oxford
ISBN 13 : 0191018546
Total Pages : 378 pages
Book Rating : 4.1/5 (91 download)
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 378 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.
Author : Galarrwuy Yunupingu
Publisher : University of Queensland Press(Australia)
ISBN 13 :
Total Pages : 286 pages
Book Rating : 4.3/5 (91 download)
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.
Author : Bertus de Villiers
Publisher : BRILL
ISBN 13 : 9004461663
Total Pages : 295 pages
Book Rating : 4.0/5 (44 download)
Download or read book Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts written by Bertus de Villiers and published by BRILL. This book was released on 2021-08-30 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Louis A. Knafla
Publisher : UBC Press
ISBN 13 : 0774859296
Total Pages : 280 pages
Book Rating : 4.7/5 (748 download)
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.
Author : Virginia Marshall
Publisher :
ISBN 13 : 9781922059093
Total Pages : 0 pages
Book Rating : 4.0/5 (59 download)
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.
Author : Lisa Strelein
Publisher : Aboriginal Studies Press
ISBN 13 : 0855756632
Total Pages : 274 pages
Book Rating : 4.8/5 (557 download)
Download or read book Compromised Jurisprudence written by Lisa Strelein and published by Aboriginal Studies Press. This book was released on 2009 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: First edition published in 2006.
Author : Elizabeth Jane Macpherson
Publisher : Cambridge University Press
ISBN 13 : 1108473067
Total Pages : 313 pages
Book Rating : 4.1/5 (84 download)
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.
Author : R. BARTLETT
Publisher :
ISBN 13 : 9780409350920
Total Pages : pages
Book Rating : 4.3/5 (59 download)
Download or read book NATIVE TITLE IN AUSTRALIA, 4TH EDITION. written by R. BARTLETT and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ulla Secher
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253769
Total Pages : 542 pages
Book Rating : 4.7/5 (822 download)
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 542 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).
Author : Kingsley Palmer
Publisher : ANU Press
ISBN 13 : 1760461881
Total Pages : 297 pages
Book Rating : 4.7/5 (64 download)
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.
Author : Emer de Vattel
Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.A/5 ( download)
Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Anne Ross
Publisher : Left Coast Press
ISBN 13 : 1598745786
Total Pages : 321 pages
Book Rating : 4.5/5 (987 download)
Download or read book Indigenous Peoples and the Collaborative Stewardship of Nature written by Anne Ross and published by Left Coast Press. This book was released on 2011 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive and global in scope, this book critically evaluates the range of management options that claim to have integrated Indigenous peoples and knowledge, and then outline an innovative, alternative model of co-management, the Indigenous Stewardship Model.
Author : Shaunnagh Dorsett
Publisher : Aboriginal Studies Press
ISBN 13 : 9780855753375
Total Pages : 300 pages
Book Rating : 4.7/5 (533 download)
Download or read book A Guide to Overseas Precedents of Relevance to Native Title written by Shaunnagh Dorsett and published by Aboriginal Studies Press. This book was released on 1998 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and easily understood analysis of comparative common law precedents from Canada, the United States and New Zealand that relates to native title and outlines the context in which these decisions were made and their possible applications to Australia.
Author : Michael Crommelin
Publisher :
ISBN 13 :
Total Pages : 15 pages
Book Rating : 4.:/5 (953 download)
Download or read book Mabo written by Michael Crommelin and published by . This book was released on 1993 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses nature of native title including extinguishment, the basic principal of extinguishment being inconsistency; pastoral and mining leases confer different rights in different states, but the Commonwealth's proposal seems to suggest that mineral and pastoral leases do not extinguish native title; questions whether the High Court will in future recognise other areas of Aboriginal customary law.
Author : Ursula K. Heise
Publisher : University of Chicago Press
ISBN 13 : 022635816X
Total Pages : 299 pages
Book Rating : 4.2/5 (263 download)
Download or read book Imagining Extinction written by Ursula K. Heise and published by University of Chicago Press. This book was released on 2016-08-10 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are currently facing the sixth mass extinction of species in the history of life on Earth, biologists claim—the first one caused by humans. Heise argues that understanding these stories and symbols is indispensable for any effective advocacy on behalf of endangered species. More than that, she shows how biodiversity conservation, even and especially in its scientific and legal dimensions, is shaped by cultural assumptions about what is valuable in nature and what is not.
Author : Kathy Jetñil-Kijiner
Publisher : University of Hawaii Press
ISBN 13 : 0824893514
Total Pages : 425 pages
Book Rating : 4.8/5 (248 download)
Download or read book Indigenous Pacific Islander Eco-Literatures written by Kathy Jetñil-Kijiner and published by University of Hawaii Press. This book was released on 2022-08-31 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this anthology of contemporary eco-literature, the editors have gathered an ensemble of a hundred emerging, mid-career, and established Indigenous writers from Polynesia, Melanesia, Micronesia, and the global Pacific diaspora. This book itself is an ecological form with rhizomatic roots and blossoming branches. Within these pages, the reader will encounter a wild garden of genres, including poetry, chant, short fiction, novel excerpts, creative nonfiction, visual texts, and even a dramatic play—all written in multilingual offerings of English, Pacific languages, pidgin, and translation. Seven main themes emerge: “Creation Stories and Genealogies,” “Ocean and Waterscapes,” “Land and Islands,” “Flowers, Plants, and Trees,” “Animals and More-than-Human Species,” “Climate Change,” and “Environmental Justice.” This aesthetic diversity embodies the beautiful bio-diversity of the Pacific itself. The urgent voices in this book call us to attention—to action!—at a time of great need. Pacific ecologies and the lives of Pacific Islanders are currently under existential threat due to the legacy of environmental imperialism and the ongoing impacts of climate change. While Pacific writers celebrate the beauty and cultural symbolism of the ocean, islands, trees, and flowers, they also bravely address the frightening realities of rising sea levels, animal extinction, nuclear radiation, military contamination, and pandemics. Indigenous Pacific Islander Eco-Literatures reminds us that we are not alone; we are always in relation and always ecological. Humans, other species, and nature are interrelated; land and water are central concepts of identity and genealogy; and Earth is the sacred source of all life, and thus should be treated with love and care. With this book as a trusted companion, we are inspired and empowered to reconnect with the world as we navigate towards a precarious yet hopeful future.
