Native Title from Mabo to Akiba

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Publisher :
ISBN 13 : 9781862879980
Total Pages : 273 pages
Book Rating : 4.8/5 (799 download)

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Book Synopsis Native Title from Mabo to Akiba by : Sean Brennan

Download or read book Native Title from Mabo to Akiba written by Sean Brennan and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover image taken at Mangkuna (Corkbark) on Karajarri country in the Kimberley, Western Australia - November 2014. Photography by Edward Tran. © Copyright Kimberley Land Council.This edited collection brings together some of Australia's foremost experts in native title to provide a realistic assessment of the achievements, frustrations and possibilities of native title, two decades since the enactment of the Native Title Act 1993 (Cth), and after the most significant High Court decision on native title in more than ten years, Akiba v Commonwealth, which confirmed the existence of commercial native title fishing rights. The Indigenous and non-Indigenous authors come from a variety of disciplines and perspectives and include academics and practitioners from the fields of law, economics, anthropology, politics, history and community development. Uniting the book is a concern that native title make a real impact on the economic and social circumstances of Australia's Indigenous communities.The book consists of two parts.Part One is entitled Legal Dynamics in the Development of Native Title. It examines the way in which Australian law has defined and often constrained the scope of this newly-recognised property right. There is a particular focus on legal issues with a direct bearing on the economic potential of native title, such as alienability and the right to trade resources and the challenges posed for anti-discrimination law.Part Two is entitled Native Title as a Vehicle for Indigenous Empowerment. Authors provide an overview of the contribution made so far by native title and the prospects for future empowerment. Detailed mapping and analysis provides readers with a geographic orientation and a sense of realism about the economic potential of the native title estate, in comparison with achievements under a parallel statutory land rights regime. This part also explains some of the challenges Indigenous groups face in areas such as governance, land reform and internal politicking, as they operate in the shadow of the law, seeking to utilise native title for greater empowerment._______________________________________________________ Click here to view and listen to the Indigenous Empowerment panel discussion which includes video and audio webcasts, photos and a review essay.

Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts

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Publisher : BRILL
ISBN 13 : 9004461663
Total Pages : 295 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts by : Bertus de Villiers

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.

Planning in Indigenous Australia

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Publisher : Routledge
ISBN 13 : 1317437160
Total Pages : 368 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis Planning in Indigenous Australia by : Sue Jackson

Download or read book Planning in Indigenous Australia written by Sue Jackson and published by Routledge. This book was released on 2017-07-28 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Planning in settler-colonial countries is always taking place on the lands of Indigenous peoples. While Indigenous rights, identity and cultural values are increasingly being discussed within planning, its mainstream accounts virtually ignore the colonial roots and legacies of the discipline’s assumptions, techniques and methods. This ground-breaking book exposes the imperial origins of the planning canon, profession and practice in the settler-colonial country of Australia. By documenting the role of planning in the history of Australia’s relations with Indigenous peoples, the book maps the enduring effects of colonisation. It provides a new historical account of colonial planning practices and rewrites the urban planning histories of major Australian cities. Contemporary land rights, native title and cultural heritage frameworks are analysed in light of their critical importance to planning practice today, with detailed case illustrations. In reframing Australian planning from a postcolonial perspective, the book shatters orthodox accounts, revising the story that planning has told itself for over 100 years. New ways to think and practise planning in Indigenous Australia are advanced. Planning in Indigenous Australia makes a major contribution towards the decolonisation of planning. It is essential reading for students and teachers in tertiary planning programmes, as well as those in geography, development studies, postcolonial studies, anthropology and environmental management. It is also vital reading for professional planners in the public, private and community sectors.

Australian Native Title Anthropology

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Publisher : ANU Press
ISBN 13 : 1760461881
Total Pages : 297 pages
Book Rating : 4.7/5 (64 download)

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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.

Indigenous Legal Judgments

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Publisher : Routledge
ISBN 13 : 1000401243
Total Pages : 244 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Indigenous Legal Judgments by : Nicole Watson

Download or read book Indigenous Legal Judgments written by Nicole Watson and published by Routledge. This book was released on 2021-06-27 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system. The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.

The Limits of Settler Colonial Reconciliation

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Publisher : Springer
ISBN 13 : 9811026548
Total Pages : 294 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis The Limits of Settler Colonial Reconciliation by : Sarah Maddison

Download or read book The Limits of Settler Colonial Reconciliation written by Sarah Maddison and published by Springer. This book was released on 2016-11-18 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates whether and how reconciliation in Australia and other settler colonial societies might connect to the attitudes of non-Indigenous people in ways that promote a deeper engagement with Indigenous needs and aspirations. It explores concepts and practices of reconciliation, considering the structural and attitudinal limits to such efforts in settler colonial countries. Bringing together contributions by the world’s leading experts on settler colonialism and the politics of reconciliation, it complements current research approaches to the problems of responsibility and engagement between Aboriginal and non-Aboriginal peoples.

Beyond Communal and Individual Ownership

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Publisher : Routledge
ISBN 13 : 1317525078
Total Pages : 317 pages
Book Rating : 4.3/5 (175 download)

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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 317 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.

The Oxford Handbook of Australian Politics

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Publisher : Oxford University Press
ISBN 13 : 0192527886
Total Pages : 568 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of Australian Politics by : Jenny M. Lewis

Download or read book The Oxford Handbook of Australian Politics written by Jenny M. Lewis and published by Oxford University Press. This book was released on 2021-10-20 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Australian Politics is a comprehensive collection that considers Australia's distinctive politics— both ancient and modern— at all levels and across many themes. It examines the factors that make Australian politics unique and interesting, while firmly placing these in the context of the nation's Indigenous and imported heritage and global engagement. The book presents an account of Australian politics that recognizes and celebrates its inherent diversity by taking a thematic approach in six parts. The first theme addresses Australia's unique inheritances, examining the development of its political culture in relation to the arrival of British colonists and their conflicts with First Nations peoples, as well as the resulting geopolitics. The second theme, improvization, focuses on Australia's political institutions and how they have evolved. Place-making is then considered to assess how geography, distance, Indigenous presence, and migration shape Australian politics. Recurrent dilemmas centres on a range of complex, political problems and their influence on contemporary political practice. Politics, policy, and public administration covers how Australia has been a world leader in some respects, and a laggard in others, when dealing with important policy challenges. The final theme, studying Australian politics, introduces some key areas in the study of Australian politics and identifies the strengths and shortcomings of the discipline. The Oxford Handbook of Australian Politics is an opportunity for others to consider the nation's unique politics from the perspective of leading and emerging scholars, and to gain a strong sense of its imperfections, its enduring challenges, and its strengths.

Cultural Competence and the Higher Education Sector

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Publisher : Springer Nature
ISBN 13 : 9811553629
Total Pages : 365 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis Cultural Competence and the Higher Education Sector by : Jack Frawley

Download or read book Cultural Competence and the Higher Education Sector written by Jack Frawley and published by Springer Nature. This book was released on 2020-06-09 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book explores cultural competence in the higher education sector from multi-disciplinary and inter-disciplinary perspectives. It addresses cultural competence in terms of leadership and the role of the higher education sector in cultural competence policy and practice. Drawing on lessons learned, current research and emerging evidence, the book examines various innovative approaches and strategies that incorporate Indigenous knowledge and practices into the development and implementation of cultural competence, and considers the most effective approaches for supporting cultural competence in the higher education sector. This book will appeal to researchers, scholars, policy-makers, practitioners and general readers interested in cultural competence policy and practice.

The Routledge Handbook of Property, Law and Society

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Publisher : Taylor & Francis
ISBN 13 : 1000737551
Total Pages : 449 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis The Routledge Handbook of Property, Law and Society by : Nicole Graham

Download or read book The Routledge Handbook of Property, Law and Society written by Nicole Graham and published by Taylor & Francis. This book was released on 2022-11-14 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook brings together diverse perspectives, major topics, and multiple approaches to one of the biggest legal institutions in society: property. Property touches on many fundamental human questions. It involves decisions about power, economy, morality, work, and ecology. It also involves ideas about where humans fit in the world and how humans relate to more-than-human life. This book will ask in myriad ways such questions as: what property means, what kinds of property there are, what is and should be the relationship between owned and owner, and what is the impact of different forms of property on life in this world? Drawing on a range of socio-legal and empirical methodologies, renowned scholars and rising stars in property from around the world present current issues and map future directions in research. Coming from the place of law but reaching out through cognate disciplines, this handbook provides a comprehensive and accessible survey of current research at the interface of property, society, and the environment. This handbook will appeal to students and researchers across a range of disciplines, including law, sociology, geography, history, and economics.

Implementing a Basic Income in Australia

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Publisher : Springer
ISBN 13 : 3030143783
Total Pages : 283 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Implementing a Basic Income in Australia by : Elise Klein

Download or read book Implementing a Basic Income in Australia written by Elise Klein and published by Springer. This book was released on 2019-05-23 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together scholars from the fields of politics, philosophy, sociology, anthropology and economics, to explore pathways towards implementing a Basic Income in Australia. It is the first book of its kind to outline avenues for implementation of a basic income specifically for Australia and responds to a gap in the existing basic income literature and published titles to provide a distinct standpoint in the exploration of basic income within the Australian contemporary policy landscape. The first section of the book outlines some of the continuing substantive and philosophical issues regarding BI implementation. In the second section of the book, authors offer practical strategies and models for progressing BI in Australia.

Basic Income in Australia and New Zealand

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Publisher : Springer
ISBN 13 : 1137535326
Total Pages : 274 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis Basic Income in Australia and New Zealand by : J. Mays

Download or read book Basic Income in Australia and New Zealand written by J. Mays and published by Springer. This book was released on 2016-04-08 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Basic income is an innovative, powerful egalitarian response to widening global inequalities and poverty experiences in society, one that runs counter to the neoliberal transformations of modern welfare states, social security, and labor market programs. This book is the first collective volume of its kind to ask whether a basic income offers a viable solution to the income support systems in Australia and New Zealand. Though often neglected in discussions of basic income, both countries are advanced liberal democracies dominated by neoliberal transformations of the welfare state, and therefore have great potential to advance debates on the topic. The contributors' essays and case studies explore the historical basis on which a basic income program might stand in these two countries, the ideological nuances and complexities of implementing such a policy, and ideas for future development that might allow the program to be put into practice regionally and applied internationally.

The Cambridge Handbook of Psychology and Human Rights

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Publisher : Cambridge University Press
ISBN 13 : 1108668526
Total Pages : 966 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Cambridge Handbook of Psychology and Human Rights by : Neal S. Rubin

Download or read book The Cambridge Handbook of Psychology and Human Rights written by Neal S. Rubin and published by Cambridge University Press. This book was released on 2020-10-15 with total page 966 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by psychologists, historians, and lawyers, this handbook demonstrates the central role psychological science plays in addressing some of the world's most pressing problems. Over 100 experts from around the world work together to supply an integrated history of human rights and psychological science using a rights and strengths-based perspective. It highlights what psychologists have done to promote human rights and what continues to be done at the United Nations. With emerging visions for the future uses of psychological theory, education, evidence-based research, and best practices, the chapters offer advice on how to advance the 2030 Global Agenda on Sustainable Development. Challenging the view that human rights are best understood through a political lens, this scholarly collection of essays shows how psychological science may hold the key to nurturing humanitarian values and respect for human dignity.

Teaching ‘Proper’ Drinking?

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Publisher : ANU Press
ISBN 13 : 176046158X
Total Pages : 345 pages
Book Rating : 4.7/5 (64 download)

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Book Synopsis Teaching ‘Proper’ Drinking? by : Maggie Brady

Download or read book Teaching ‘Proper’ Drinking? written by Maggie Brady and published by ANU Press. This book was released on 2017-12-12 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Teaching ‘Proper’ Drinking?, the author brings together three fields of scholarship: socio-historical studies of alcohol, Australian Indigenous policy history and social enterprise studies. The case studies in the book offer the first detailed surveys of efforts to teach responsible drinking practices to Aboriginal people by installing canteens in remote communities, and of the purchase of public hotels by Indigenous groups in attempts both to control sales of alcohol and to create social enterprises by redistributing profits for the community good. Ethnographies of the hotels are examined through the analytical lens of the Swedish ‘Gothenburg’ system of municipal hotel ownership. The research reveals that the community governance of such social enterprises is not purely a matter of good administration or compliance with the relevant liquor legislation. Their administration is imbued with the additional challenges posed by political contestation, both within and beyond the communities concerned. ‘The idea that community or government ownership and management of a hotel or other drinking place would be a good way to control drinking and limit harm has been commonplace in many Anglophone and Nordic countries, but has been less recognised in Australia. Maggie Brady’s book brings together the hidden history of such ideas and initiatives in Australia … In an original and wide-ranging set of case studies, Brady shows that success in reducing harm has varied between communities, largely depending on whether motivations to raise revenue or to reduce harm are in control.’ — Professor Robin Room, Director, Centre for Alcohol Policy Research, La Trobe University

Unstable Relations

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Publisher : Apollo Books
ISBN 13 : 9781742588780
Total Pages : 404 pages
Book Rating : 4.5/5 (887 download)

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Book Synopsis Unstable Relations by : Eve Vincent

Download or read book Unstable Relations written by Eve Vincent and published by Apollo Books. This book was released on 2016 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1970s witnessed the emergence of a global environmental movement in response to rampant resource extraction. This moment gave rise to a celebrated 'green-black alliance' between environmentalists and Indigenous groups in Australia. However, in recent years, this relationship has come under increased critical scrutiny, spurred in part by the global mining boom and continuing concerns about the effects of climate change. This edited collection brings together leading anthropologists, social scientists, activists, and writers to subject the Indigenous-environmentalist relation to rigorous, empirical inquiry, and to explore noted controversies, campaigns, and key issues, such as: the Wild Rivers Act and James Price Point, mining, native title rights, 'feral' species, forestry, national parks, and payment for environmental services. The insights generated here have relevance beyond Australia as scholars investigate the politics of indigeneity in the present moment, and consider the economic future of Indigenous minorities. Significantly, the collection involves both Indigenous and non-Indigenous authors, subjecting environmentalists to a kind of anthropological analysis. [Subject: Environmental Studies, Politics, Indigenous Studies]

Aboriginal Customary Law: A Source of Common Law Title to Land

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782253769
Total Pages : 542 pages
Book Rating : 4.7/5 (822 download)

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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 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).

The Rights of Indigenous Peoples in Marine Areas

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509928650
Total Pages : 565 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Rights of Indigenous Peoples in Marine Areas by : Stephen Allen

Download or read book The Rights of Indigenous Peoples in Marine Areas written by Stephen Allen and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.