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Report On Review Of Part Iv Of The Aboriginal Land Rights Northern Territory Act 1976
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Book Synopsis Report on Review of Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 by : John Mansfield
Download or read book Report on Review of Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 written by John Mansfield and published by . This book was released on 2013 with total page 257 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 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.
Download or read book National Economic Review written by and published by . This book was released on 2001 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Government Accountability Sources and Materials by : Judith Bannister
Download or read book Government Accountability Sources and Materials written by Judith Bannister and published by Cambridge University Press. This book was released on 2023-05-31 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government Accountability Sources and Materials is a fundamental, student-friendly introduction to administrative law in practice.
Book Synopsis APAIS 1994: Australian public affairs information service by :
Download or read book APAIS 1994: Australian public affairs information service written by and published by National Library Australia. This book was released on with total page 1106 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Indigenous Peoples, Consent and Rights by : Stephen Young
Download or read book Indigenous Peoples, Consent and Rights written by Stephen Young and published by Routledge. This book was released on 2019-11-19 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigenous peoples’ consent before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations (NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law – but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples’ rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples’ rights. Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.
Book Synopsis Customary Land Tenure and Registration in Australia and Papua New Guinea by : James F. Weiner
Download or read book Customary Land Tenure and Registration in Australia and Papua New Guinea written by James F. Weiner and published by ANU E Press. This book was released on 2007-06-01 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main theme of this volume is a discussion of the ways in which legal mechanisms, such as the Land Groups Incorporation Act (1974) in PNG, and the Native Title Act (1993) in Australia, do not, as they purport, serve merely to identify and register already-existing customary indigenous landowning groups in these countries. Because the legislation is an integral part of the way in which indigenous people are defined and managed in relation to the State, it serves to elicit particular responses in landowner organisation and self-identification on the part of indigenous people. These pieces of legislation actively contour the progressive evolution of landowner social, territorial and political organisation at all levels in these nation states. The contributors to this volume provide in-depth anthropological case studies of social structural and cultural transformations engendered by the confrontation between states, developers and indigenous communities over rights to customarily owned land.
Book Synopsis Government Accountability by : Judith Bannister
Download or read book Government Accountability written by Judith Bannister and published by Cambridge University Press. This book was released on 2018-10-23 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Government Accountability: Australian Administrative Law offers an accessible and practical introduction to administrative law in Australia. The text introduces the legal principles that regulate the exercise of power by public authorities and explains the legal mechanisms that exist to remedy failures, with an emphasis on the overarching principle of accountability. Thoroughly revised and updated to incorporate recent changes to case law and legislation, this edition offers expanded, contemporary material on public investigatory bodies, information disclosure, administrative review tribunals, the limits on juridical review, and procedural fairness. Updated case examples throughout illustrate the practical operation of these principles and assist readers to connect theory with practice. Government Accountability provides readers with a concise introduction to the contexts, theory and application of administrative law and arms students with the knowledge and skills to successfully analyse and assess the decisions and actions of public authorities.
Book Synopsis Decolonising Indigenous Child Welfare by : Terri Libesman
Download or read book Decolonising Indigenous Child Welfare written by Terri Libesman and published by Routledge. This book was released on 2013-12-04 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past decade, a remarkable transference of responsibility to Indigenous children’s organisation has taken place in many parts of Australia, Canada, the USA and New Zealand. It has been influenced by Indigenous peoples’ human rights advocacy at national and international levels, by claims to self-determination and by the globalisation of Indigenous children’s organisations. Thus far, this reform has taken place with little attention from academic and non-Indigenous communities; now, Decolonising Indigenous Child Welfare: Comparative Perspectives considers these developments and, evaluating law reform with respect to Indigenous child welfare, asks whether the pluralisation of responses to their welfare and well-being, within a cross-cultural post-colonial context, can improve the lives of Indigenous children. The legislative frameworks for the delivery of child welfare services to Indigenous children are assessed in terms of the degree of self-determination which they afford Indigenous communities. The book draws upon interdisciplinary research and the author’s experience collaborating with the peak Australian Indigenous children’s organisation for over a decade to provide a thorough examination of this international issue. Dr Terri Libesman is a Senior Lecturer in the Law Faculty, at the University of Technology Sydney. She has collaborated, researched and published for over a decade with the peak Australian Indigenous children’s organisation.
Book Synopsis The Impact of Climate Change Mitigation on Indigenous and Forest Communities by : Maureen F. Tehan
Download or read book The Impact of Climate Change Mitigation on Indigenous and Forest Communities written by Maureen F. Tehan and published by Cambridge University Press. This book was released on 2017-10-26 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international legal framework for valuing the carbon stored in forests, known as 'Reducing Emissions from Deforestation and Forest Degradation' (REDD+), will have a major impact on indigenous peoples and forest communities. The REDD+ regime contains many assumptions about the identity, tenure and rights of indigenous and local communities who inhabit, use or claim rights to forested lands. The authors bring together expert analysis of public international law, climate change treaties, property law, human rights and indigenous customary land tenure to provide a systemic account of the laws governing forest carbon sequestration and their interaction. Their work covers recent developments in climate change law, including the Agreement from the Conference of the Parties in Paris that came into force in 2016. The Impact of Climate Change Mitigation on Indigenous and Forest Communities is a rich and much-needed new contribution to contemporary understanding of this topic.
Book Synopsis Liberating the Will of Australia by : Geoffrey Burn
Download or read book Liberating the Will of Australia written by Geoffrey Burn and published by Wipf and Stock Publishers. This book was released on 2020-08-03 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do many First People in Australia find themselves continually under siege? Why do many interventions fail to produce what was hoped for? Why is it that, when there have been many positive developments, at some deep level, nothing seems to have changed? Will the “Uluru Statement from the Heart” ensure the future security of the First Peoples in Australia? By developing strands from Christian theology, Liberating the Will of Australia answers these questions in a way that gets to the heart of the problem. It is shown that the way that the First Peoples were treated by the first European in-comers became an indelible part of what Australia currently is. This explains why harm is often done even when good is intended, and why some problems are too complex to solve. But that does not mean that we need to be stuck in the past: through deep repentance by the “Subsequent Peoples,” much more than an apology, we can take hold of the work of God to bring new things out of what is broken. Ultimately, this is profoundly hopeful. Although focusing on Australia, the theological tools developed can be applied in other colonial and post-colonial contexts.
Download or read book Wild Policy written by Tess Lea and published by Stanford University Press. This book was released on 2020-07-14 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can there be good social policy? This book describes what happens to Indigenous policy when it targets the supposedly 'wild people' of regional and remote Australia. Tess Lea explores naturalized policy: policy unplugged, gone live, ramifying in everyday life, to show that it is policies that are wild, not the people being targeted. Lea turns the notion of unruliness on its head to reveal a policy-driven world dominated by short term political interests and their erratic, irrational effects, and by the less obvious protection of long-term interests in resource extraction and the liberal settler lifestyles this sustains. Wild Policy argues policies are not about undoing the big causes of enduring inequality, and do not ameliorate harms terribly well either—without yielding all hope. Drawing on efforts across housing and infrastructure, resistant media-making, health, governance and land tenure battles in regional and remote Australia, Wild Policy looks at how the logics of intervention are formulated and what this reveals in answer to the question: why is it all so hard? Lea offers readers a layered, multi-relational approach called policy ecology to probe the related question, 'what is to be done?' Lea's case material will resonate with analysts across the world who deal with infrastructures, policy, technologies, mining, militarization, enduring colonial legacies, and the Anthropocene.
Book Synopsis Sustainable Development Law & Policy by :
Download or read book Sustainable Development Law & Policy written by and published by . This book was released on 2004 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Comparative Perspectives on Communal Lands and Individual Ownership by : Lee Godden
Download or read book Comparative Perspectives on Communal Lands and Individual Ownership written by Lee Godden and published by Routledge. This book was released on 2010-02-26 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Perspectives on Communal Lands and Individual Ownership: Sustainable Futures addresses property and land title as central mechanisms governing access to communally-held land and resources. The collection assesses the effectiveness of property law and tenure models developed around concepts of individual ownership, for achieving long-term environmental and economic sustainability for indigenous peoples and local communities. It explores the momentum for change in the international realm, and then develops a comparative focus across Australia, North America, Africa, Peru, New Zealand and the Pacific region, examining the historical and current impacts of individuation of title on the customary law and practice of indigenous peoples and local communities. Themes of property, privatisation and sustainable communities are developed in theoretical analyses and case studies from these jurisdictions. The case studies throw into sharp relief how questions of land law and resources management should not be separated from wider issues about the long-term viability of communities. Comparative analysis allows consideration of how western models of land tenure and land title might better accommodate the exercise of traditional practices of indigenous peoples and local communities, while still promoting autonomy, choice and economic development. This volume will be of interest to scholars and professionals working in the fields of property law, land reform, policy and planning, indigenous law and customary law, environmental sustainability, development and resource management.
Book Synopsis Property in Question by : Caroline Humphrey
Download or read book Property in Question written by Caroline Humphrey and published by Routledge. This book was released on 2020-06-08 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has it come about that indigenous cultures, body parts, and sequences of musical notes are considered property? How has the movement from collective to privatized systems affected notions of property? At what point in transaction chains do native cultures, indigenous medicines, or cyberdata become objects and therefore propertized, and what are the social, economic, and ethical considerations for such transformations? Addressing these hotly contested issues and many more, Property in Question interrogates the very concept of property and what is happening to it in the contemporary world, in case studies ranging from Romania to Kazakhstan, Africa to North America. The book examines not only the changing character of the property concept, but also its ideological foundations and political usages. Authors address bio-transactions, music copyright, cyberspace, oil prospecting, debates over privatization of land and factories, and dilemmas arising with new forms of ownership of businesses. Offering a fresh perspective on contemporary economic transformation, this volume is a long overdue investigation of the power of the private property concept, as well as an exploration of how the global economy may be subtly, even invisibly, changing what property means and how we relate to it.
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.
