› › Native Title From Mabo To Akiba

Native Title from Mabo to Akiba

Author : Sean Brennan

Publisher :

Page : 273 pages

File Size : 21,60 MB

Release : 2015

Category : Aboriginal Australians

ISBN : 9781862879980

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Book Description

Cover image taken at Mangkuna (Corkbark) on Karajarri country in the Kimberley, Western Australia - November 2014. Photography by Edward Tran. © Copyright Kimberley Land Council.This edited collection brings together some of Australia's foremost experts in native title to provide a realistic assessment of the achievements, frustrations and possibilities of native title, two decades since the enactment of the Native Title Act 1993 (Cth), and after the most significant High Court decision on native title in more than ten years, Akiba v Commonwealth, which confirmed the existence of commercial native title fishing rights. The Indigenous and non-Indigenous authors come from a variety of disciplines and perspectives and include academics and practitioners from the fields of law, economics, anthropology, politics, history and community development. Uniting the book is a concern that native title make a real impact on the economic and social circumstances of Australia's Indigenous communities.The book consists of two parts.Part One is entitled Legal Dynamics in the Development of Native Title. It examines the way in which Australian law has defined and often constrained the scope of this newly-recognised property right. There is a particular focus on legal issues with a direct bearing on the economic potential of native title, such as alienability and the right to trade resources and the challenges posed for anti-discrimination law.Part Two is entitled Native Title as a Vehicle for Indigenous Empowerment. Authors provide an overview of the contribution made so far by native title and the prospects for future empowerment. Detailed mapping and analysis provides readers with a geographic orientation and a sense of realism about the economic potential of the native title estate, in comparison with achievements under a parallel statutory land rights regime. This part also explains some of the challenges Indigenous groups face in areas such as governance, land reform and internal politicking, as they operate in the shadow of the law, seeking to utilise native title for greater empowerment._______________________________________________________ Click here to view and listen to the Indigenous Empowerment panel discussion which includes video and audio webcasts, photos and a review essay.



Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts

Author : Bertus de Villiers

Publisher : BRILL

Page : 295 pages

File Size : 35,72 MB

Release : 2021-08-30

Category : Law

ISBN : 9004461663

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Book Description

This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.



Planning in Indigenous Australia

Author : Sue Jackson

Publisher : Routledge

Page : 368 pages

File Size : 47,58 MB

Release : 2017-07-28

Category : Architecture

ISBN : 1317437160

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Book Description

Planning in settler-colonial countries is always taking place on the lands of Indigenous peoples. While Indigenous rights, identity and cultural values are increasingly being discussed within planning, its mainstream accounts virtually ignore the colonial roots and legacies of the discipline’s assumptions, techniques and methods. This ground-breaking book exposes the imperial origins of the planning canon, profession and practice in the settler-colonial country of Australia. By documenting the role of planning in the history of Australia’s relations with Indigenous peoples, the book maps the enduring effects of colonisation. It provides a new historical account of colonial planning practices and rewrites the urban planning histories of major Australian cities. Contemporary land rights, native title and cultural heritage frameworks are analysed in light of their critical importance to planning practice today, with detailed case illustrations. In reframing Australian planning from a postcolonial perspective, the book shatters orthodox accounts, revising the story that planning has told itself for over 100 years. New ways to think and practise planning in Indigenous Australia are advanced. Planning in Indigenous Australia makes a major contribution towards the decolonisation of planning. It is essential reading for students and teachers in tertiary planning programmes, as well as those in geography, development studies, postcolonial studies, anthropology and environmental management. It is also vital reading for professional planners in the public, private and community sectors.



Australian Native Title Anthropology

Author : Kingsley Palmer

Publisher : ANU Press

Page : 297 pages

File Size : 48,60 MB

Release : 2018-05-03

Category : Social Science

ISBN : 1760461881

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Book Description

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.



The Limits of Settler Colonial Reconciliation

Author : Sarah Maddison

Publisher : Springer

Page : 294 pages

File Size : 28,19 MB

Release : 2016-11-18

Category : Political Science

ISBN : 9811026548

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Book Description

This book investigates whether and how reconciliation in Australia and other settler colonial societies might connect to the attitudes of non-Indigenous people in ways that promote a deeper engagement with Indigenous needs and aspirations. It explores concepts and practices of reconciliation, considering the structural and attitudinal limits to such efforts in settler colonial countries. Bringing together contributions by the world’s leading experts on settler colonialism and the politics of reconciliation, it complements current research approaches to the problems of responsibility and engagement between Aboriginal and non-Aboriginal peoples.



Beyond Communal and Individual Ownership

Author : Leon Terrill

Publisher : Routledge

Page : 317 pages

File Size : 11,97 MB

Release : 2015-10-05

Category : Law

ISBN : 1317525078

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Book Description

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.



The Oxford Handbook of Australian Politics

Author : Jenny M. Lewis

Publisher : Oxford University Press

Page : 568 pages

File Size : 47,14 MB

Release : 2021-10-20

Category : Political Science

ISBN : 0192527886

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Book Description

The Oxford Handbook of Australian Politics is a comprehensive collection that considers Australia's distinctive politics— both ancient and modern— at all levels and across many themes. It examines the factors that make Australian politics unique and interesting, while firmly placing these in the context of the nation's Indigenous and imported heritage and global engagement. The book presents an account of Australian politics that recognizes and celebrates its inherent diversity by taking a thematic approach in six parts. The first theme addresses Australia's unique inheritances, examining the development of its political culture in relation to the arrival of British colonists and their conflicts with First Nations peoples, as well as the resulting geopolitics. The second theme, improvization, focuses on Australia's political institutions and how they have evolved. Place-making is then considered to assess how geography, distance, Indigenous presence, and migration shape Australian politics. Recurrent dilemmas centres on a range of complex, political problems and their influence on contemporary political practice. Politics, policy, and public administration covers how Australia has been a world leader in some respects, and a laggard in others, when dealing with important policy challenges. The final theme, studying Australian politics, introduces some key areas in the study of Australian politics and identifies the strengths and shortcomings of the discipline. The Oxford Handbook of Australian Politics is an opportunity for others to consider the nation's unique politics from the perspective of leading and emerging scholars, and to gain a strong sense of its imperfections, its enduring challenges, and its strengths.



Indigenous Legal Judgments

Author : Nicole Watson

Publisher : Routledge

Page : 244 pages

File Size : 10,1 MB

Release : 2021-06-27

Category : History

ISBN : 1000401243

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Book Description

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.



Cultural Competence and the Higher Education Sector

Author : Jack Frawley

Publisher : Springer Nature

Page : 365 pages

File Size : 19,3 MB

Release : 2020-06-09

Category : Education

ISBN : 9811553629

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Book Description

This open access book explores cultural competence in the higher education sector from multi-disciplinary and inter-disciplinary perspectives. It addresses cultural competence in terms of leadership and the role of the higher education sector in cultural competence policy and practice. Drawing on lessons learned, current research and emerging evidence, the book examines various innovative approaches and strategies that incorporate Indigenous knowledge and practices into the development and implementation of cultural competence, and considers the most effective approaches for supporting cultural competence in the higher education sector. This book will appeal to researchers, scholars, policy-makers, practitioners and general readers interested in cultural competence policy and practice.



The Routledge Handbook of Property, Law and Society

Author : Nicole Graham

Publisher : Taylor & Francis

Page : 449 pages

File Size : 38,43 MB

Release : 2022-11-14

Category : Law

ISBN : 1000737551

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Book Description

This handbook brings together diverse perspectives, major topics, and multiple approaches to one of the biggest legal institutions in society: property. Property touches on many fundamental human questions. It involves decisions about power, economy, morality, work, and ecology. It also involves ideas about where humans fit in the world and how humans relate to more-than-human life. This book will ask in myriad ways such questions as: what property means, what kinds of property there are, what is and should be the relationship between owned and owner, and what is the impact of different forms of property on life in this world? Drawing on a range of socio-legal and empirical methodologies, renowned scholars and rising stars in property from around the world present current issues and map future directions in research. Coming from the place of law but reaching out through cognate disciplines, this handbook provides a comprehensive and accessible survey of current research at the interface of property, society, and the environment. This handbook will appeal to students and researchers across a range of disciplines, including law, sociology, geography, history, and economics.