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Proof And Management Of Native Title
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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 Native Title and the Transformation of Archaeology in the Postcolonial World by : Ian Lilley
Download or read book Native Title and the Transformation of Archaeology in the Postcolonial World written by Ian Lilley and published by Institute of Criminology, Sydney. This book was released on 2000 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Australian Native Title Law by : Stephen Lloyd
Download or read book Australian Native Title Law written by Stephen Lloyd and published by . This book was released on 2018-03-14 with total page 1242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australian Native Title Law Second Edition annotates the Native Title Act 1993 (Cth) and analyses the common law principles applicable to native title. It explains the essential concepts and principles which underpin it, including relevant principles of constitutional, property and discrimination law, referencing a range of relevant authority and materials. The First Edition published in 2004 and was comprised of introductory explanatory chapters followed by a detailed annotation to the Native Title Act 1993 (Cth) and extensive reforms made in 1998 in light of the Wik decision. Since that time, some 27 amending Acts have come into force. The much-awaited Second Edition builds upon these foundations by bringing the Act up-to-date and providing detailed commentary on the more important of these amendments, in particular the Native Title Amendment Act 2007, the Native Title Amendment (Technical Amendments) Act 2007 and the Native Title Amendment Act 2009. The book now draws upon over 1,000 cases, including leading recent High Court decisions such as Queensland v Congoo (2015), Western Australia v Brown (2014), Karpany v Dietman (2013), and Akiba v Commonwealth (2013). Significant contributions from leading practitioners in the field are included, with a new section addressing proof of native title. Both new and experienced practitioners, decisions-makers, academics and students alike will find Australian Native Title Law Second Edition of invaluable assistance.
Book Synopsis Pacific Answers to Western Hegemony by : Jürg Wassmann
Download or read book Pacific Answers to Western Hegemony written by Jürg Wassmann and published by Routledge. This book was released on 2020-09-02 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The destruction of local identity through the relentless encroachment of a 'McDonald-ized' cultural imperialism is a global phenomenon. Yet the reactions of Pacific peoples to this Western hegemony are diverse and encourage the creation of independent cultural identities through sports and games, political mediations, tourism, media and filmmaking, and the struggles for land rights and titles, particularly in Australia.This book, based on extensive fieldwork, addresses a subject of great immediacy to peoples of the Pacific Island nations. It fills an important gap in existing ethnographic literature on the region and confidently navigates what had previously been considered uncharted, even unchartable, waters -- that wide sea between the classic ethnography of Oceania and contemporary anthropology's theoretical concerns with global relations and transnational cultures. Its breadth, rigour, and timely contribution to post-colonial politics in Oceania are certain to ensure that this book will provide an enduring contribution to the field.
Book Synopsis Ethnography & the Production of Anthropological Knowledge by : Yasmine Musharbash
Download or read book Ethnography & the Production of Anthropological Knowledge written by Yasmine Musharbash and published by ANU E Press. This book was released on 2011-02-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Nicolas Peterson is a central figure in the anthropology of Aboriginal Australia. This volume honours his anthropological body of work, his commitment to ethnographic fieldwork as a source of knowledge, his exemplary mentorship of generations of younger scholars and his generosity in facilitating the progress of others. The diverse collection produced by former students, current colleagues and long-term peers provides reflections on his legacy as well as fresh anthropological insights from Australia and the wider Asia-Pacific region. Inspired by Nicolas Peterson’s work in Aboriginal Australia and his broad ranging contributions to anthropology over several decades, the contributors to this volume celebrate the variety of his ethnographic interests. Individual chapters address, revisit, expand on, and ethnographically re-examine his work about ritual, material culture, the moral domestic economy, land and ecology. The volume also pays homage to Nicolas Peterson’s ability to provide focused research with long-term impact, exemplified by a series of papers engaging with his work on demand sharing and the applied policy domain.
Download or read book Proof & Truth written by Iain McCalman and published by . This book was released on 2003 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers, historians, anthropologists and literary scholars draw heavily on the concepts of 'evidence', 'proof' and 'truth' but these crucial terms generally carry distinct and incommensurate meanings for each discipline or professional practice. The consequences of these differences are more than academic. Divergent understandings of 'proof and truth' have serious practical implications when humanists present themselves as expert witnesses in court cases involving vital contemporary issues such as indigenous land ownership, cultural heritage, social policy and legal administration. With reference to controversial and landmark cases, this collection of cross-disciplinary essays probes the convergences and incompatibilities between legal and humanistic understandings, and opens the way for a more constructive and informed courtroom role for experts of all kinds.
Book Synopsis Handbook of Postcolonial Archaeology by : Jane Lydon
Download or read book Handbook of Postcolonial Archaeology written by Jane Lydon and published by Routledge. This book was released on 2016-07 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this volume—themselves from six continents and many representing indigenous and minority communities and disadvantaged countries—suggest strategies to strip archaeological theory and practice of its colonial heritage and create a discipline sensitive to its inherent inequalities.
Book Synopsis Tulsa Journal of Comparative & International Law by :
Download or read book Tulsa Journal of Comparative & International Law written by and published by . This book was released on 2003 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Principles of Property Law by : Alison Clarke
Download or read book Principles of Property Law written by Alison Clarke and published by Cambridge University Press. This book was released on 2020-06-11 with total page 751 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of Property Law offers a critical and contextual analysis of fundamental property law, providing students with the tools to enable them to make sense of English land law rules in the context of real world applications. This new book adopts a contextual approach, placing the core elements of a qualifying law degree property and land law course in the context of general principles and practices as they have developed in the UK and other jurisdictions in response to a changing societal relationship with a variety of factors. Also drawing on concepts of property developed by political theorists, economists and environmentalists, Principles of Property Law gives students a clear understanding of how property law works, why it matters and how the theory connects with the real world. Suitable for undergraduates studying property and land law in England, Wales and Northern Ireland, as well as postgraduate students seeking an accessible analysis.
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 1529 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 :Australian Institute of Aboriginal and Torres Strait Islander Studies Publisher : ISBN 13 : Total Pages :152 pages Book Rating :4.3/5 (91 download)
Book Synopsis Annual Report by : Australian Institute of Aboriginal and Torres Strait Islander Studies
Download or read book Annual Report written by Australian Institute of Aboriginal and Torres Strait Islander Studies and published by . This book was released on 2007 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 377 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.
Book Synopsis A Guide to Overseas Precedents of Relevance to Native Title by : Shaunnagh Dorsett
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.
Book Synopsis Cultural Expertise and Socio-Legal Studies by : Austin Sarat
Download or read book Cultural Expertise and Socio-Legal Studies written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2019-02-28 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this special issue, socio-legal scientists with interdisciplinary backgrounds scrutinize the applicability of the notion of cultural expertise in Europe and the rest of the World. Cases include murder, female genital mutilation, earthquake claims, Islamic law, underage marriages, child custody, adoption, land rights, and asylum.
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.
Book Synopsis Planning for Coexistence? by : Libby Porter
Download or read book Planning for Coexistence? written by Libby Porter and published by Routledge. This book was released on 2016-06-10 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Planning is becoming one of the key battlegrounds for Indigenous people to negotiate meaningful articulation of their sovereign territorial and political rights, reigniting the essential tension that lies at the heart of Indigenous-settler relations. But what actually happens in the planning contact zone - when Indigenous demands for recognition of coexisting political authority over territory intersect with environmental and urban land-use planning systems in settler-colonial states? This book answers that question through a critical examination of planning contact zones in two settler-colonial states: Victoria, Australia and British Columbia, Canada. Comparing the experiences of four Indigenous communities who are challenging and renegotiating land-use planning in these places, the book breaks new ground in our understanding of contemporary Indigenous land justice politics. It is the first study to grapple with what it means for planning to engage with Indigenous peoples in major cities, and the first of its kind to compare the underlying conditions that produce very different outcomes in urban and non-urban planning contexts. In doing so, the book exposes the costs and limits of the liberal mode of recognition as it comes to be articulated through planning, challenging the received wisdom that participation and consultation can solve conflicts of sovereignty. This book lays the theoretical, methodological and practical groundwork for imagining what planning for coexistence might look like: a relational, decolonizing planning praxis where self-determining Indigenous peoples invite settler-colonial states to their planning table on their terms.
Book Synopsis Proceedings of the ... Conference by : New Zealand Geographical Society. Conference
Download or read book Proceedings of the ... Conference written by New Zealand Geographical Society. Conference and published by . This book was released on 1997 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: