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Author : William Isdale
Publisher :
ISBN 13 : 9781760023645
Total Pages : pages
Book Rating : 4.0/5 (236 download)
Download or read book Compensation for Native Title written by William Isdale and published by . This book was released on 2022-04-21 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 : Federico Lenzerini
Publisher : OUP Oxford
ISBN 13 : 0191553050
Total Pages : 680 pages
Book Rating : 4.1/5 (915 download)
Download or read book Reparations for Indigenous Peoples written by Federico Lenzerini and published by OUP Oxford. This book was released on 2008-01-24 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published in concomitance with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, this volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, investigate the right of indigenous peoples to reparation for breaches of their individual and collective rights. The first part of the book is devoted to general aspects of this important matter, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law, and the vision of reparations as conceived by the communities concerned. The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, examining the best practices of reparations according to the ideologies and expectations of indigenous peoples and offering a comparative perspective on the ways in which the right of these peoples to redress for the injuries suffered is realized worldwide. The global picture painted by these contributions provides a view of the status of relevant international law that is synthesized in the two final chapters of the book, which include a concrete example of how a judicial claim for reparation is to be structured and prescribes the best practices and strategies to be adopted in order to maximize the opportunities for indigenous peoples to obtain effective redress. As a whole, this volume offers a comprehensive vision of its subject matter in international and comparative law, with a practical approach aimed at supporting legal academics, administrators, and practitioners in improving the avenues and modalities of reparations for indigenous peoples.
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 : Robert Mainville
Publisher : Purich Publishing
ISBN 13 :
Total Pages : 210 pages
Book Rating : 4.3/5 (91 download)
Download or read book An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach written by Robert Mainville and published by Purich Publishing. This book was released on 2001 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Topics covered include aboriginal rights at common law, treaty rights, the fiduciary relationship between aboriginal people and the crown, federal common law and aboriginal and treaty rights, legal principals governing the infringement, a review of compensation in cases of expropriation unrelated to aboriginal and treaty rights, the experience in the United States.
Author : Ghil'ad Zuckermann
Publisher : Oxford University Press
ISBN 13 : 0190097035
Total Pages : 353 pages
Book Rating : 4.1/5 (9 download)
Download or read book Revivalistics written by Ghil'ad Zuckermann and published by Oxford University Press. This book was released on 2020-04-14 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Ghil'ad Zuckermann introduces revivalistics, a new trans-disciplinary field of enquiry surrounding language reclamation, revitalization, and reinvigoration. Applying lessons from the Hebrew revival of the late nineteenth and early twentieth centuries to contemporary endangered languages, Zuckermann takes readers along a fascinating and multifaceted journey into language revival and provides new insights into language genesis. Beginning with a critical analysis of Israeli-the language resulting from the Hebrew revival-Zuckermann's radical theory contradicts conventional accounts of the Hebrew revival and challenges the family tree model of historical linguistics. Revivalistics demonstrates how grammatical cross-fertilization with the revivalists' mother tongues is inevitable in the case of successful "revival languages." The second part of the book then applies these lessons from the Israeli language to revival movements in Australia and globally, describing the "why" and "how" of revivalistics. With examples from the Barngarla Aboriginal language of South Australia, Zuckermann proposes ethical, aesthetic, and utilitarian reasons for language revival and offers practical methods for reviving languages. Based on years of the author's research, fieldwork, and personal experience with language revivals all over the globe, Revivalistics offers ground-breaking theoretical and pragmatic contributions to the field of language reclamation, revitalization, and reinvigoration.
Author : Nick Duff
Publisher : AIATSIS Research Publications
ISBN 13 : 9781922102614
Total Pages : 254 pages
Book Rating : 4.1/5 (26 download)
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.
Author : Elihu Lauterpacht
Publisher : Cambridge University Press
ISBN 13 : 9780521642422
Total Pages : 800 pages
Book Rating : 4.6/5 (424 download)
Download or read book International Law Reports written by Elihu Lauterpacht and published by Cambridge University Press. This book was released on 1999-02-04 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains the Tadic 1997 opinion/judgment from the International Criminal Trinbunal for the former Yugoslavia.
Author : Samantha Hepburn
Publisher : Routledge
ISBN 13 : 1135315787
Total Pages : 498 pages
Book Rating : 4.1/5 (353 download)
Download or read book Australian Principles of Property Law written by Samantha Hepburn and published by Routledge. This book was released on 2013-05-13 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australian Principles of Property Law, now in its third edition, covers all aspects of Australian real property law. Each chapter has been expanded and updated to incorporate the latest developments and theories. Incorporating academic discussion of historical and theoretical issues underlying the property system, as well as practical discussion of relevant legislative schemes, this texbook is the ideal accompaniment to any undergraduate property law course. Focusing on Victorian law, the text also outlines developments in other states and provides technical explanations where necessary. It is supported throughout by extracts from a wide range of cases and materials.
Author : Samantha J. Hepburn
Publisher : Psychology Press
ISBN 13 : 1876905085
Total Pages : 498 pages
Book Rating : 4.8/5 (769 download)
Download or read book Principles of Property Law written by Samantha J. Hepburn and published by Psychology Press. This book was released on 2001 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive text covers all of the materials relevant to property law in a detailed and thorough manner. The second edition examines the basic tenants of property law,as well as specific property interests such as land interests and the way in which these interests are conveyed, registered and co-ordinated.The book considers the development of native title as a legally recognised form of property in Australia and how such an interest sits within the common law and statutory infrastructure. Principles of Property Law is a vital book for students studying this complex area and is also a valuable addition to the library of academics and practitioners interested in this field.
Author : Michael Nancarrow
Publisher : Cambridge University Press
ISBN 13 : 1009284509
Total Pages : 1588 pages
Book Rating : 4.0/5 (92 download)
Download or read book Australian Property Law written by Michael Nancarrow and published by Cambridge University Press. This book was released on 2022-09-30 with total page 1588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australian Property Law: Principles to Practice is an engaging introduction to property law in Australia. Covering substantive law and procedural matters, this textbook presents the law of personal and real property in a contemporary light. Australian Property Law details how property law practice is transformed by technology and provides insights into contemporary challenges and risks. Taking a thematic approach, the text covers possession of goods and land, land tenure, estates and future interests, property registration systems, Indigenous land rights and native title, social housing, Crown land and ethics. Complex concepts are contextualised by linking case law and legislation to practical applications. Each chapter is supported by digital tools including case and legislation boxes with links to the full source online, links to useful online resources, multiple-choice questions, review questions and longer narrative problems. Australian Property Law provides an essential introduction to the principles and practice of property law in an ever-changing technological environment.
Author : United States. Native Hawaiians Study Commission
Publisher :
ISBN 13 :
Total Pages : 776 pages
Book Rating : 4.F/5 ( download)
Download or read book Native Hawaiians Study Commission written by United States. Native Hawaiians Study Commission and published by . This book was released on 1983 with total page 776 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 : 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 : Belinda Brassil
Publisher : Pascal Press
ISBN 13 : 174020087X
Total Pages : 348 pages
Book Rating : 4.7/5 (42 download)
Download or read book Excel Preliminary Legal Studies written by Belinda Brassil and published by Pascal Press. This book was released on 2003 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : David Ritter
Publisher : Routledge
ISBN 13 : 1000256669
Total Pages : 189 pages
Book Rating : 4.0/5 (2 download)
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 189 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.
Author : Marcia Langton
Publisher : Routledge
ISBN 13 : 0415518210
Total Pages : 422 pages
Book Rating : 4.4/5 (155 download)
Download or read book Community Futures, Legal Architecture written by Marcia Langton and published by Routledge. This book was released on 2012 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unifying experiences of the indigenous and local people, are the social and economic disadvantage experienced by indigenous peoples and local communities, surrounded by wealth-producing projects. Chapters on Australian Aboriginals, chapters on Timor Leste. Aust & NZ content. Langton is at the University of Melbourne.
