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The Politics Of Aboriginal Land Rights And Their Effects On Australian Resource Development
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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.
Book Synopsis APAIS 1991: Australian public affairs information service by :
Download or read book APAIS 1991: Australian public affairs information service written by and published by National Library Australia. This book was released on with total page 1022 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis APAIS 1992: Australian public affairs information service by :
Download or read book APAIS 1992: Australian public affairs information service written by and published by National Library Australia. This book was released on with total page 1098 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Rethinking Resource Management by : Richard Howitt
Download or read book Rethinking Resource Management written by Richard Howitt and published by Routledge. This book was released on 2002-01-31 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking Resource Management offers students and practitioners in resource management a sophisticated and convincing framework for rethinking the dominant approaches to resource management in a complex world.
Book Synopsis Australian Critical Decisions by : Ann Genovese
Download or read book Australian Critical Decisions written by Ann Genovese and published by Routledge. This book was released on 2018-02-02 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1980s was a time of significant social, political and cultural change. In Australia law was pivotal to these changes. The two High Court cases that this book explores- Koowarta v Bjelke-Petersen in 1982 and the Tasmanian Dams case in 1983- are famous legally as they marked a decisive reckoning by the Court with both international law and federal constitutionalism. Yet these cases also offer a significant marker of Australia in the 1980s: a shift to a different form of political engagement, nationally and internationally, on complex questions about race, and the environment. This book brings these cases together for the first time. It does so to explore not only the legal legacy and relationship between Koowarta and Tasmanian Dams, but also to reflect on how Australians experience their law in time and place, and why those experiences might require more than the usual legal records. The authors include significant figures in Australian public life, some of whom were key participants in the cases, as well as established and respected scholars in law, history, Indigenous and environmental studies. The book offers a combination of personal recollections of the cases- the drama of how they were brought before the courts and decided- as well as a consideration of the cases’ ongoing significance in Australian life. This book was previously published as two special issues in the Griffith Law Review.
Book Synopsis The Neoliberal State, Recognition and Indigenous Rights by : Deirdre Howard-Wagner
Download or read book The Neoliberal State, Recognition and Indigenous Rights written by Deirdre Howard-Wagner and published by ANU Press. This book was released on 2018-07-25 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The impact of neoliberal governance on indigenous peoples in liberal settler states may be both enabling and constraining. This book is distinctive in drawing comparisons between three such states—Australia, Canada and New Zealand. In a series of empirically grounded, interpretive micro-studies, it draws out a shared policy coherence, but also exposes idiosyncrasies in the operational dynamics of neoliberal governance both within each state and between them. Read together as a collection, these studies broaden the debate about and the analysis of contemporary government policy. The individual studies reveal the forms of actually existing neoliberalism that are variegated by historical, geographical and legal contexts and complex state arrangements. At the same time, they present examples of a more nuanced agential, bottom-up indigenous governmentality. Focusing on intense and complex matters of social policy rather than on resource development and land rights, they demonstrate how indigenous actors engage in trying to govern various fields of activity by acting on the conduct and contexts of everyday neoliberal life, and also on the conduct of state and corporate actors.
Book Synopsis Handbook of Rural Studies by : Paul Cloke
Download or read book Handbook of Rural Studies written by Paul Cloke and published by SAGE. This book was released on 2006-01-05 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: `This book raises the theoretical level of rural studies to new heights...the Handbook of Rural Studies will likely become a key resource on the bookshelves of the next generation of graduate students...′ - Gary Paul Green, University of Wisconsin-Madison `This Handbook powerfully demonstrates that rural spaces, rural societies and rural natures are at the very forefront of critical social science endeavour. Read this book, become a rural social scientist′ - Henry Buller, University of Exeter `An outstandingly comprehensive review of theory, research and the study of rural questions...an essential reference for students, scholars, politicians, developers and rural activists′ - Imre Kovach, Institute for Political Sciences, Budapest `This collection is an essential addition to any rural scholar′s library and will be a critical resource for both established rural scholars and rising graduate students interested in rural research topics′ - Peter B Nelson, Middlebury College `The Handbook of Rural Studies is a tour de force on changing rural people and places in a rapidly urbanizing global economy -- the most comprehensive interdisciplinary treatment of "rural" available anywhere. This is absolutely must reading for social scientists concerned about finding a prominent place for "rural" in scholarly discourse, institutional analysis, and public policy debates on the political economy of space′ - Daniel T Lichter, Policy Analysis and Management, Cornell University The Handbook represents the vitality and theoretical innovation at work in rural studies. It shows how political economy and the ′cultural turn′ have led to very significant new thinking in the cultural representations of: rurality; nature; sustainability; new economies; power and rurality; new consumerism; and exclusion and rurality. It is organized in three sections: approaches to rural studies; rural research: key theoretical co-ordinates and new rural relations. In a rich and textured discussion, the Handbook of Rural Studies explains the key moments in which the theorization of culture, nature, politics, agency, and space in rural contexts have transmitted ideas back into wider social science.
Book Synopsis Biodiversity, Genetic Resources and Intellectual Property by : Kamalesh Adhikari
Download or read book Biodiversity, Genetic Resources and Intellectual Property written by Kamalesh Adhikari and published by Routledge. This book was released on 2018-03-09 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been a deliberative, but as yet unsuccessful, attempt by scholars and policy makers to articulate a more meaningful idea of Europe, which would enhance the legitimacy of the European Union and provide the basis for a European identity. Using a detailed analysis of the writings of Nietzsche, Elbe seeks to address this problem and argues that Nietzsche's thinking about Europe can significantly illuminate our understanding. He demonstrates how Nietzsche's critique of nationalism and the notion of the 'good European' can assist contemporary scholars in the quest for a vision of Europe and a definition of what it means to be a European citizen.
Book Synopsis Community Futures, Legal Architecture by : Marcia Langton
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.
Book Synopsis The Making of the Nations and Cultures of the New World by : Gérard Bouchard
Download or read book The Making of the Nations and Cultures of the New World written by Gérard Bouchard and published by McGill-Queen's Press - MQUP. This book was released on 2008-03-03 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Making of the Nations and Cultures of the New World explores the question of how a culture - a collective consciousness - is born. Gérard Bouchard compares the histories of New World collectivities, which were driven by a dream of freedom and sovereignty, and finds both major differences and striking commonalities in their formation and evolution. He also considers the myths and discursive strategies devised by elites in their efforts to unite and mobilize diversified populations.
Book Synopsis Law and Anthropology by : René Kuppe
Download or read book Law and Anthropology written by René Kuppe and published by BRILL. This book was released on 2023-12-14 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hawke's Law written by Ronald T. Libby and published by Penn State Press. This book was released on 2003-10-29 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous studies of the mining industry's influence on Australian policy have been forced to rely on informed speculation about the industry's actions. Hawke's Law is the first to benefit from unrestricted access to industry sources and documentation, including mining-industry archives and interviews with top executives. It is also the only definitive study of the Labor Party government's long-promised attempt to formulate national Aboriginal rights legislation.
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 667 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).
Book Synopsis Australia Reshaped by : Geoffrey Brennan
Download or read book Australia Reshaped written by Geoffrey Brennan and published by Cambridge University Press. This book was released on 2002-09-04 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australia Reshaped is the capstone volume in the Reshaping Australian Institutions series. As the summation of all that has gone before, this book is structurally and qualitatively different from the others. Eight leading social scientists have been invited to write a major essay on a key element of Australian institutional life. Each chapter has the length and depth of a major contribution, acting as an overview of the field for both local readers and an international scholarly audience.
Book Synopsis Comparative Property Law by : Michele Graziadei
Download or read book Comparative Property Law written by Michele Graziadei and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.
Book Synopsis Third World in the First by : Elspeth Young
Download or read book Third World in the First written by Elspeth Young and published by Routledge. This book was released on 2013-04-03 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: European colonisation has marginalised the `first peoples' in industrialised countries such as Australia and Canada. In remote regions, still the homes of large Aboriginal, Indian and Inuit populations, this legacy remains strong. Modernisation - the `boom and bust' model of state and private development - and the partial and biased assistance provided by the state have eroded many communities through their disregard for socio-economic structures and the beliefs which underpin them. Third World in the First explores the past, present and future of these peoples, their treatment by the `West' and the alternative strategies of development which might be available to them.