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Author : Toni Bauman
Publisher :
ISBN 13 : 9781922102218
Total Pages : pages
Book Rating : 4.1/5 (22 download)
Download or read book Living with Native Title written by Toni Bauman and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Toni Bauman
Publisher :
ISBN 13 : 9781922102690
Total Pages : pages
Book Rating : 4.1/5 (26 download)
Download or read book Living with Native Title written by Toni Bauman and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Toni Bauman
Publisher : AIATSIS Research Publications
ISBN 13 : 9781922102201
Total Pages : 300 pages
Book Rating : 4.1/5 (22 download)
Download or read book Living with Native Title written by Toni Bauman and published by AIATSIS Research Publications. This book was released on 2013 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Much of the attention paid to native title in Australia has focused on court proceedings and other legalities, but what does it actually mean to live with native title? This book presents the experiences of native title holders and the corporations they have established to look after their native title interests. The influence of the renowned High Court 'Mabo' case is such that there are already more than 100 Registered Native Title Bodies Corporate (RNTBCs) across Australia with responsibilities for about 18 percent of the continent. RNTBCs operate in a profoundly intercultural context, where "western" and indigenous laws are constantly interpreted and negotiated as part of generating a new suite of landholding and land management practices for contemporary Australia. Through seven case studies from the Torres Strait, Far North Queensland, the Kimberley and Central Australia, 'Living with native title' documents their experiences as well as the experiences of native title corporations that are parties to large mining agreements. Each case study is accompanied by a short update written immediately prior tp publication. The introductory chapters provide further information on the RNTBC regime and the RNTBC review and reform process, and other findings from AIATSIS's long-term research with PBCs. 'Living with native title' is the outcome of a three-year AIATSIS research project in partnership with the Minerals Council of Australia and the Office of the Registrar of Indigenous Corporations, with funding from the Department of Families, Housing, Community Services and Indigenous Affairs. The experiences of RNTBCs remain a significant research agenda for AIATSIS." -- book cover.
Author : Nathalie Kermoal
Publisher : Athabasca University Press
ISBN 13 : 1771990414
Total Pages : 226 pages
Book Rating : 4.7/5 (719 download)
Download or read book Living on the Land written by Nathalie Kermoal and published by Athabasca University Press. This book was released on 2016-07-04 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a variety of methodological perspectives, contributors to Living on the Land explore the nature and scope of Indigenous women’s knowledge, its rootedness in relationships, both human and spiritual, and its inseparability from land and landscape. The authors discuss the integral role of women as stewards of the land and governors of the community and points to a distinctive set of challenges and possibilities for Indigenous women and their communities.
Author : Graeme Neate
Publisher :
ISBN 13 :
Total Pages : 8 pages
Book Rating : 4.:/5 (224 download)
Download or read book Living in the Native Title Era written by Graeme Neate and published by . This book was released on 1999* with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Benjamin Richard Smith
Publisher : ANU E Press
ISBN 13 : 1921313528
Total Pages : 238 pages
Book Rating : 4.9/5 (213 download)
Download or read book The Social Effects of Native Title written by Benjamin Richard Smith and published by ANU E Press. This book was released on 2007-10-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The papers in this collection reflect on the various social effects of native title. In particular, the authors consider the ways in which the implementation of the Native Title Act 1993 (Cwlth), and the native title process for which this Act legislates, allow for the recognition and translation of Aboriginal law and custom, and facilitate particular kinds of coexistence between Aboriginal title holders and other Australians. In so doing, the authors seek to extend the debate on native title beyond questions of practice and towards an improved understanding of the effects of native title on the social lives of Indigenous Australians and on Australian society more generally"--Publisher's description.
Author : Tess Lea
Publisher : Stanford University Press
ISBN 13 : 1503612678
Total Pages : 262 pages
Book Rating : 4.5/5 (36 download)
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 262 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.
Author : Jessica K. Weir
Publisher : ANU E Press
ISBN 13 : 1921862564
Total Pages : 188 pages
Book Rating : 4.9/5 (218 download)
Download or read book Country, Native Title and Ecology written by Jessica K. Weir and published by ANU E Press. This book was released on 2012-03-01 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Country, native title and ecology all converge in this volume to describe the dynamic intercultural context of land and water management on Indigenous lands. Indigenous people’s relationships with country are discussed from various speaking positions, including identity and knowledge, the homelands debate, water planning, climate change and market environmentalism. The inter-disciplinary chapters range from an ethnographic description of living waters in the Great Sandy Desert, negotiating the eradication of yellow crazy ants in Arnhem Land, and legal analysis of native title rights in emerging carbon markets. A recurrent theme is the contentions over meaning, knowledge, and authority. “Because this volume is scholarly, original and very timely it represents a key resource and reference work for land and sea managers; policy makers; scholars of the interface between post-native title responsibilities, NRM objectives and appropriate heritage protocols; and students based in the social sciences, natural sciences and humanities. It is rare for volumes to have this much cross-academy purchase and for this reason alone – it will have ongoing worth and value as a seminal collection.” – Associate Professor Peter Veth, ANU College of Arts and Social Sciences, The Australian National University. Dr Jessica Weir has published widely on water, native title and governance, and is the author of Murray River Country: An Ecological Dialogue with Traditional Owners (Aboriginal Studies Press, 2009). Jessica’s work was recently included in Stephen Pincock’s Best Australian Science Writing 2011. In 2011 Jessica established the AIATSIS Centre for Land and Water Research, in the Indigenous Country and Governance Research Program at the Australian Institute of Aboriginal and Torres Strait Islander Studies. For more information on Aboriginal History Inc. please visit aboriginalhistory.org.au.
Author : David Horton
Publisher :
ISBN 13 : 9781922059697
Total Pages : pages
Book Rating : 4.0/5 (596 download)
Download or read book The Aiatsis Map of Indigenous Australia written by David Horton and published by . This book was released on 2016-05-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The highly popular AIATSIS map of Indigenous Australia is now available in a compact, portable A3 size. Available flat or folded (packaged in a handy cellophane bag ) it s the perfect take-home product for tourists and anyone interested in the diversity of our first nations peoples. The handy desk size also makes it an ideal resource for individual student use. For tens of thousands of years, the First Australians have occupied this continent as many different nations with diverse cultural relationships linking them to their own particular lands. The ancestral creative beings left languages on country, along with the first peoples and their cultures. More than 200 distinct languages, and countless dialects of them, were in use when European colonization began. While people in some communities continue to speak their own languages, many others are seeking to record and revive threatened ones. Aboriginal and Torres Strait Islander peoples retain their connection to their traditional lands regardless of where they live. Using published resources available from 1988-1994, the map represents the remarkable diversity of language or nation groups of the Aboriginal and Torres Strait Islander peoples of Australia. The map was produced before native title legislation and is not suitable for use in native title or other land claims."
Author : Kingsley Palmer
Publisher : ANU Press
ISBN 13 : 1760461881
Total Pages : 297 pages
Book Rating : 4.7/5 (64 download)
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.
Author : David Laurence Ritter
Publisher : ISBS
ISBN 13 : 9781921401169
Total Pages : 116 pages
Book Rating : 4.4/5 (11 download)
Download or read book The Native Title Market written by David Laurence Ritter and published by ISBS. This book was released on 2009 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Native Title Market describes and critically analyzes the world of native title agreements between Aboriginal groups and developers that have emerged since Australia's Native Title Act was passed in 1994. The book challenges the popular and convenient myths that have emerged about native title agreement making. The special importance of The Native Title Market is that it is the only book to challenge the orthodoxy that is accepted by many commentators, journalists, government institutions, resource developers, and academics. The book is also the first to be written about native title negotiations, by a genuine insider - someone who participated as an adviser on some of the largest native title deals in Australia and worked within the system for more than a decade. The Native Title Market is contentious and assured in its strong claims about an important social, political, and legal question in contemporary Australia.
Author : P. G. McHugh
Publisher : OUP Oxford
ISBN 13 : 0191018546
Total Pages : 378 pages
Book Rating : 4.1/5 (91 download)
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 378 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 : Brendan Tobin
Publisher : Routledge
ISBN 13 : 1317697545
Total Pages : 325 pages
Book Rating : 4.3/5 (176 download)
Download or read book Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters written by Brendan Tobin and published by Routledge. This book was released on 2014-08-27 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.
Author : Virginia Marshall
Publisher :
ISBN 13 : 9781922059093
Total Pages : 0 pages
Book Rating : 4.0/5 (59 download)
Download or read book Overturning Aqua Nullius written by Virginia Marshall and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal peoples in Australia have the oldest living cultures in the world. From 1788 the British colonisation of Australia marginalised Aboriginal communities from land and water resources and their traditional rights and interests. More recently, the national water reforms further disenfranchised Aboriginal communities from their property rights in water, continuing to embed severe disadvantage. Overturning aqua nullius aims to cultivate a new understanding of Aboriginal water rights and interests in the context of Aboriginal water concepts and water policy development in Australia. In this award-winning work, Dr Marshall argues that Aboriginal water rights require legal recognition as property rights, and that water access and water infrastructure are integral to successful economic enterprise in Aboriginal communities. Aboriginal peoples social, cultural and economic certainty rests on their right to control and manage customary water. Drawing on the United Nations Declaration on the Rights of Indigenous Peoples, Marshall argues that the reservation of Aboriginal water rights needs to be prioritised above the water rights and interests of other groups. It is only then that we can sweep away the injustice of aqua nullius and provide the first Australians with full recognition and status of their water rights and interests.
Author :
Publisher :
ISBN 13 :
Total Pages : 57 pages
Book Rating : 4.:/5 (946 download)
Download or read book Living with Native Title written by and published by . This book was released on 2014 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Aileen Moreton-Robinson
Publisher : U of Minnesota Press
ISBN 13 : 1452944598
Total Pages : 327 pages
Book Rating : 4.4/5 (529 download)
Download or read book The White Possessive written by Aileen Moreton-Robinson and published by U of Minnesota Press. This book was released on 2015-05-15 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The White Possessive explores the links between race, sovereignty, and possession through themes of property: owning property, being property, and becoming propertyless. Focusing on the Australian Aboriginal context, Aileen Moreton-Robinson questions current race theory in the first world and its preoccupation with foregrounding slavery and migration. The nation, she argues, is socially and culturally constructed as a white possession. Moreton-Robinson reveals how the core values of Australian national identity continue to have their roots in Britishness and colonization, built on the disavowal of Indigenous sovereignty. Whiteness studies literature is central to Moreton-Robinson’s reasoning, and she shows how blackness works as a white epistemological tool that bolsters the social production of whiteness—displacing Indigenous sovereignties and rendering them invisible in a civil rights discourse, thereby sidestepping thorny issues of settler colonialism. Throughout this critical examination Moreton-Robinson proposes a bold new agenda for critical Indigenous studies, one that involves deeper analysis of how the prerogatives of white possession function within the role of disciplines.
Author : Nick Duff
Publisher : AIATSIS Research Publications
ISBN 13 : 9781922102614
Total Pages : 254 pages
Book Rating : 4.1/5 (26 download)
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.
