A Guide to Overseas Precedents of Relevance to Native Title PDF Download

Author: Shaunnagh Dorsett
Publisher: Aboriginal Studies Press
ISBN: 9780855753375
Category : Law
Languages : en
Pages : 300

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Book Description
A comprehensive and easily understood analysis of comparative common law precedents from Canada, the United States and New Zealand that relates to native title and outlines the context in which these decisions were made and their possible applications to Australia.

Author: Elizabeth Cooke
Publisher: Bloomsbury Publishing
ISBN: 1847314287
Category : Law
Languages : en
Pages : 372

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Book Description
This book is a collection of papers given at the sixth biennial conference at the University of Reading held in March 2006, and is the fourth in the series Modern Studies in Property Law. The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume is a refereed and revised selection of the papers given there. It covers a broad range of topics of immediate importance, not only in domestic law but also on a worldwide scale.

Author: Simon Young
Publisher: Federation Press
ISBN: 9781862876477
Category : History
Languages : en
Pages : 534

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Book Description
This book is a broad and detailed examination of the native title jurisprudence in the US, Canada, New Zealand and Australia, with a specific focus on the handling of Indigenous community changes in each country's case law.

Author: Geoffrey Burn
Publisher: Wipf and Stock Publishers
ISBN: 1725263823
Category : Religion
Languages : en
Pages : 242

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Book Description
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.

Author: Marcia Langton
Publisher: Academic Monographs
ISBN: 0522851061
Category : Political Science
Languages : en
Pages : 370

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Book Description
This important collection emerges from the growing academic and public policy interest in the area of Indigenous peoples, treaties and agreements andndash; challenging readers to engage with the idea of treaty and agreement making in changing political and legal landscapes. Honour Among Nations? contains contributions from both Indigenous and non-Indigenous authors from Australia, New Zealand and North America including Marcia Langton, Gillian Triggs, Joe Williams, Paul Chartrand and Noel Pearson. It features a preface by Sir Anthony Mason. This book covers topics as diverse as treaty and agreement making in Australia, New Zealand and British Columbia; land, the law, political rights and Indigenous peoples; maritime agreements; health; governance and jurisdiction; race discrimination in Australia; the Timor Sea Treaty; copyright and intellectual property issues for Aboriginal and Torres Strait Islander authors. Honour Among Nations? makes a significant contribution to international debates on Indigenous peoples' rights, treaties and agreement making.

Author: Louis A. Knafla
Publisher: UBC Press
ISBN: 0774859296
Category : Law
Languages : en
Pages : 280

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Book Description
Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.

Author: Marcia Langton
Publisher: Federation Press
ISBN: 9781862876187
Category : Law
Languages : en
Pages : 324

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Book Description
Settling with Indigenous People describes the making of ten contemporary, mostly Australian, local and regional agreements and details the avenues through which such agreements can be implemented and sustained.The Australian regional agreements concern South West Australia, the Murray-Darling Basin, and Cape York. There is a chapter about the return of the Maralinga lands to its traditional owners and one detailing two local government agreements in central and southwest Australia. Urban agreements in Darwin and Vancouver are compared and there are also chapters on the North West Territories and Northern Quebec in Canada and the Ngai Tahu in the South Island of New Zealand.The discussion addresses:governance and leadershipnegotiation strategies, including the role of formal negotiating frameworksthe importance of process and outcomethe crucial impact of politics and timingthe significance of private sector engagementimplementation mechanismsThe chapters show how agreement-making has provided a forum in which indigenous groups can negotiate their needs and aspirations, including fundamental issues of recognition, inclusion and economic opportunity.The authors include indigenous and non-indigenous academics, and others who have been involved in negotiating agreements.

Author: Haig Patapan
Publisher: Cambridge University Press
ISBN: 9780521774284
Category : Law
Languages : en
Pages : 230

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Book Description
The High Court is taking an increasingly important role in shaping the contours of democracy in Australia. In deciding fundamental democratic questions, does the Court pursue a consistent and overarching democratic vision? Or are its decisions essentially constrained by institutional and practical limitations? Judging Democracy, first published in 2000, addresses this question by examining the Court's recent decisions on human rights, citizenship, native title and separation of powers. It represents the first major political and legal examination of the Court's new jurisprudence and the way it is influencing democracy and the institutions of governance in Australia. A foreword to the book has been written by the former Chief Justice of the High Court, Sir Anthony Mason.

Author: Christian W. McMillen
Publisher: Yale University Press
ISBN: 0300135238
Category : Social Science
Languages : en
Pages : 305

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Book Description
In 1941, a groundbreaking U.S. Supreme Court decision changed the field of Indian law, setting off an intellectual and legal revolution that continues to reverberate around the world. This book tells for the first time the story of that case, United States, as Guardian of the Hualapai Indians of Arizona, v. Santa Fe Pacific Railroad Co., which ushered in a new way of writing Indian history to serve the law of land claims. Since 1941, the Hualapai case has travelled the globe. Wherever and whenever indigenous land claims are litigated, the shadow of the Hualapai case falls over the proceedings. Threatened by railroad claims and by an unsympathetic government in the post - World War I years, Hualapai activists launched a campaign to save their reservation, a campaign which had at its centre documenting the history of Hualapai land use. The book recounts how key individuals brought the case to the Supreme Court against great odds and highlights the central role of the Indians in formulating new understandings of native people, their property, and their past.

Author: Lee Godden
Publisher: Routledge
ISBN: 1136946020
Category : Architecture
Languages : en
Pages : 417

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Book Description
A collection of critical debates, analyses and evaluations of changing models of property as the vehicle governing access to land and resources.