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Certainty In Native Title
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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.
Book Synopsis Authorisation and Decision-making in Native Title by : Nick Duff
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.
Book Synopsis Indigenous Water Rights in Law and Regulation by : Elizabeth Jane Macpherson
Download or read book Indigenous Water Rights in Law and Regulation written by Elizabeth Jane Macpherson and published by Cambridge University Press. This book was released on 2019-08-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
Download or read book Coming to Terms written by Shaun Berg and published by Wakefield Press. This book was released on 2010 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coming to Terms challenges conventional thinking about Aboriginal title in South Australia. It does so by examining the legal consequences of provisions in the State's founding documents that reserve or protect Aboriginal rights to land.
Book Synopsis A Study of Our Decline by : Philip Atkinson
Download or read book A Study of Our Decline written by Philip Atkinson and published by Lulu.com. This book was released on 2007-11 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Present Politics of the Past by : Seán Patrick Eudaily
Download or read book The Present Politics of the Past written by Seán Patrick Eudaily and published by Routledge. This book was released on 2004-10-29 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each phrase in the title of this work gives a clue as to its purpose and agenda. "Thepresent politics of the past" refers to the conditions that have arisen in the recent politicsof advanced liberal states with indigenous populations (such as the U.S., Canada,Aotearoa/New Zealand, and Australia) where "the past" is an issue or even at stake incontemporary struggles.
Book Synopsis The Proposed Nordic Saami Convention by : Nigel Bankes
Download or read book The Proposed Nordic Saami Convention written by Nigel Bankes and published by Bloomsbury Publishing. This book was released on 2013-01-31 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005 an expert group representing the governments of Norway, Sweden and Finland, and the Saami parliaments of these countries agreed upon a draft text of a Nordic Saami Convention. Key parts of the text deal with the recognition of Saami land and resource rights. More recently the three governments have embarked on negotiations to move from this draft text to a final convention that may be adopted and ratified by all three countries. Negotiations commenced in the Spring of 2011 and should be completed within five years. This collection of essays explores the national and international dimensions of indigenous property rights and the draft Convention which recognises the Saami as one people divided by international boundaries. Part one of the book seeks to provide a global and theoretical context for these developments in the Nordic countries, with a series of essays dealing with the moral and legal reasons for recognising indigenous property interests and different conceptualisations of the relationship between indigenous peoples and settler societies, including recognition, reconciliation and pluralism. Part two of the book examines some international legal issues associated with the Convention, including the background to the Convention. Part three turns to examine aspects of the recognition of Saami property interests in each of the three Nordic states, while Part four provides some comparative experiences, examining the recognition of indigenous property rights in a number of jurisdictions, including Canada, Australia and a number of South American states. An additional essay considers gender issues in relation to indigenous property rights.
Book Synopsis Trust, Risk and Uncertainty by : S. Watson
Download or read book Trust, Risk and Uncertainty written by S. Watson and published by Springer. This book was released on 2005-06-07 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The themes 'trust', 'risk ' and 'uncertainty' seem especially pertinent in the context of the post-9/11 world. This book brings together a range of new research with a focus on the 'risk society' debate and on the themes of 'trust', 'uncertainty' and 'ambivalence'. Where much of the work within these crucial debates in the social sciences has been theory-based and theory-driven, Trust, Risk and Uncertainty combines theoretical sophistication with empirical analysis and research in the fields of philosophy, education, social policy, government, health and social care, sociology, and media and cultural studies.
Book Synopsis Resolving Indigenous Disputes by : Larissa Behrendt
Download or read book Resolving Indigenous Disputes written by Larissa Behrendt and published by Federation Press. This book was released on 2008 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the way in which dispute resolution processes can be developed to more effectively empower Aboriginal people and assist with the more equitable and satisfactory resolution of disputes between Aboriginal people and between Aboriginal people and other groups. It uses conflict around land, particularly at the intersection between land claim and native title as its focus. These have been identified through extensive field research. The book also explores the building of models of alternative dispute resolution processes based on Aboriginal cultural values and world views. It provides practical tools to practitioners who are seeking to find more effective ways of dealing with conflict in Aboriginal communities or between Aboriginal communities and other stakeholders.
Book Synopsis Constitutional Crossroads by : Kate Puddister
Download or read book Constitutional Crossroads written by Kate Puddister and published by UBC Press. This book was released on 2022-12-01 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. As Constitutional Crossroads makes clear, the 1982 constitutional package raises a host of questions about a number of important issues, including identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature of constitutional change. This collection brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective analyses of different aspects of Canada’s constitution as it is understood in the twenty-first century. With a focus on the themes of rights, reconciliation, and constitutional change, Constitutional Crossroads provides profound insights into institutional relationships, public policy, and the state of the fields of law and politics.
Download or read book Law & Anthropology written by René Kuppe and published by BRILL. This book was released on 2024-01-08 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law & Anthropology Yearbook brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. Volume 10 of Law & Anthropology includes eight studies that discuss various forms in which the rights of indigenous people are violated. Topics include: the way in which the seemingly neutral criminal justice system of Canada discriminates against aboriginal people; the fact that land rights issues of indigenous peoples cannot be separated from political rights; the conceptual differences between the human rights concepts underlying the modern international system, and the concepts behind human rights as these are understood in the Guatemalan Highlands; and the relationship between the rights of indigenous peoples and upcoming new standards of environmental law.
Book Synopsis Unsettled Expectations by : Eva Mackey
Download or read book Unsettled Expectations written by Eva Mackey and published by Fernwood Publishing. This book was released on 2016-09-15T00:00:00Z with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do local conflicts about land rights tell us about Indigenous-settler relations and the challenges and possibilities of decolonization? In Unsettled Expectations, Eva Mackey draws on ethnographic case studies about land rights conflicts in Canada and the U.S. to argue that critical analysis of present-day disputes over land, belonging and sovereignty will help us understand how colonization is reproduced today and how to challenge it. Employing theoretical approaches from Indigenous and settler colonial studies, and in the context of critical historical and legal analysis, Mackey urges us to rethink the assumptions of settler certainty that underpin current conflicts between settlers and Indigenous peoples and reveals settler privilege to be a doomed fantasy of entitlement. Finally, Mackey draws on case studies of Indigenous-settler alliances to show how embracing difficult uncertainty can be an integral part of undoing settler privilege and a step toward decolonization.
Book Synopsis Tribal Constitutionalism by : Kirsty Gover
Download or read book Tribal Constitutionalism written by Kirsty Gover and published by OUP Oxford. This book was released on 2010 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recognized tribes are increasingly prominent players in settler state governance, but in the wide-ranging debates about tribal self-governance, little has been said about tribal self-constitution. Who are the members of tribes, and how are they chosen? Tribes in Canada, Australia, New Zealand and the United States are now obliged to adopt written constitutions as a condition of recognition, and to specify the criteria used to select members. Tribal Constitutionalism presents findings from a comparative study of nearly eight hundred current and historic tribal constitutions, most of which are not in the public domain. Kirsty Gover examines the strategies adopted by tribes and states to deal with the new legal distinction between indigenous people (defined by settler governments) and tribal members (defined by tribal governments). She highlights the important fact that the two categories are imperfectly aligned. Many indigenous persons are not tribal members, and some tribal members are not legally indigenous. Should legal indigenous status be limited to persons enrolled in recognized tribes? What is to be done about the large and growing proportion of indigenous peoples who are not enrolled in a tribe, and do not live near their tribal territories? This book approaches these complex questions head-on. Using tribal membership criteria as a starting point, this book provides a critical analysis of current political and sociolegal theories of tribalism and indigeneity, and draws on legal doctrine, policy, demographic data and tribal practice to provide a comparative evaluation of tribal membership governance in the western settler states.
Book Synopsis Hidden Footprints of Unity by : Raja Arasa Ratnam
Download or read book Hidden Footprints of Unity written by Raja Arasa Ratnam and published by Palmer Higgs Pty Ltd. This book was released on with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Minority Rights in the Pacific Region by : Joshua Castellino
Download or read book Minority Rights in the Pacific Region written by Joshua Castellino and published by . This book was released on 2009 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries in the Pacific face unique challenges of survival and progress in establishing themselves and participating fully in international society. Their geographic isolation from the rest of global society is compounded by complex layers of often competing national and indigenous identities among their populations built through wave upon wave of migration. This has created rich diversity, competing regimes and real challenges in terms of state-building, ethnic identity, social policy cohesion and development in post-colonial settings. The issues studied here would be of interest to scholars from a range of different disciplines such as Law, Politics, Sociology and Anthropology. By examining the theory and practice of minority rights law in states such as Fiji and Papua New Guinea, alongside their more familiar neighbours Australia and New Zealand, this book makes a unique contribution in a region often ignored in the literature.
Book Synopsis Justice Pending: Indigenous Peoples and Other Good Causes by : Gudmundur Alfredsson
Download or read book Justice Pending: Indigenous Peoples and Other Good Causes written by Gudmundur Alfredsson and published by BRILL. This book was released on 2021-08-04 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articles in this volume deal with many of the issues, which have been and continue to be on the international law and human rights agenda of Erica-Irene A. Daes. She is an international personality, with a long and varied career, but she has been and is passionately involved in a wide range of issues related directly or indirectly to the Greek experience and the Greek diaspora. The energy and output of Erica Daes culminated in her tireless efforts to seek protection for the world's indigenous peoples. It is in this capacity that the international human rights community has best learned to know and appreciate her. As an independent expert, she has served as Chairman of the Working Group on Indigenous Populations and she has carried out studies on indigenous land rights, intellectual and cultural rights, and indigenous heritage. She played a key role in bringing about an international year (1993) and a decade (1995-2004) for the promotion of the rights of indigenous peoples. Most importantly, Erica Daes was the principal drafter of the UN draft declaration on the rights of indigenous peoples, which has become known as the Daes Declaration and which is reproduced in an annex to this book. Other annexes contain excerpts from her documents prepared in the context of her UN career, some of which have not been previously published.
Download or read book Pauline Hanson written by Bligh Grant and published by University Press of New England. This book was released on 1997 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This informed, yet highly accessible book places the politics of Pauline Hanson and her One Nation party in a national and international context. Containing discussions of the major areas in which Hanson has stirred policy contention, including political correctness, Indigenous reconciliation, immigration, and Australia's engagement with the Asian region, and framed by a discussion of the nature of populist politics and Australian national identity, the book serves as a valuable contribution to these debates. What emerges clearly from the analysis is that the issues raised by Hanson involve deep claims about the future shape of Australian society, to which Australia's political leadership must respond.
