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.
Download or read book Beyond Communal and Individual Ownership written by Leon Terrill and published by Routledge. This book was released on 2015-10-05 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Property Rights Indigenous People and the Developing World written by David Lea and published by BRILL. This book was released on 2008 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work offers an analysis of the Western formal system of private property and its moral justification and explains the relevance of the institution to particular current issues that face aboriginal peoples and the developing world. The subjects under study include broadly: aboriginal land claims; third world development; intellectual property rights and the relatively recent TRIPs agreement (Trade related Aspects of Intellectual Property Rights). Within these broad areas we highlight the following concerns: the maintenance of cultural integrity; group autonomy; economic benefit; access to health care; biodiversity; biopiracy and even the independence of the recently emerged third world nation states. Despite certain apparent advantages from embracing the Western institution of private ownership, the text explains that the Western institution of private property is undergoing a fundamental redefinition through the expansion.
Download or read book The Aboriginal Tent Embassy written by Gary Foley and published by Routledge. This book was released on 2013-07-24 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1972 Aboriginal Embassy was one of the most significant indigenous political demonstrations of the twentieth century. What began as a simple response to a Prime Ministerial statement on Australia Day 1972, evolved into a six-month political stand-off between radical Aboriginal activists and a conservative Australian government. The dramatic scenes in July 1972 when police forcibly removed the Embassy from the lawns of the Australian Houses of Parliament were transmitted around the world. The demonstration increased international awareness of the struggle for justice by Aboriginal people, brought an end to the national government policy of assimilation and put Aboriginal issues firmly onto the national political agenda. The Embassy remains today and on Australia Day 2012 was again the focal point for national and international attention, demonstrating the intensity that the Embassy can still provoke after forty years of just sitting there. If, as some suggest, the Embassy can only ever be removed by Aboriginal people achieving their goals of Land Rights, Self-Determination and economic independence then it is likely to remain for some time yet. ‘This book explores the context of this moment that captured the world’s attention by using, predominantly, the voices of the people who were there. More than a simple oral history, some of the key players represented here bring with them the imprimatur of the education they were to gain in the era after the Tent Embassy. This is an act of radicalisation. The Aboriginal participants in subversive political action have now broken through the barriers of access to academia and write as both eye-witnesses and also as trained historians, lawyers, film-makers. It is another act of subversion, a continuing taunt to the entrenched institutions of the dominant culture, part of a continuum of political thought and action.’ (Larissa Behrendt, Professor of Law, Jumbunna Indigenous House of Learning, University of Technology Sydney)
Download or read book Land Rights of the Indigenous Peoples of the Chittagong Hill Tracts Bangladesh written by Rajkumari Chandra Kalindi Roy and published by IWGIA. This book was released on 2000 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Little is know about the Chittagong Hill Tracts of Bangladesh (CHT), an area of approximately 5,089 square miles in southeastern Bangladesh. It is inhabited by indigenous peoples, including the Bawm, Sak, Chakma, Khumi Khyang, Marma, Mru, Lushai, Uchay (also called Mrung, Brong, Hill Tripura), Pankho, Tanchangya and Tripura (Tipra), numbering over half a million. Originally inhabited exclusively by indigenous peoples, the Hill Tracts has been impacted by national projects and programs with dire consequences. This book describes the struggle of the indigenous peoples of the Chittagong Hill Tracts region to regain control over their ancestral land and resource rights. From sovereign nations to the limited autonomy of today, the report details the legal basis of the land rights of the indigenous peoples and the different tools employed by successive administrations to exploit their resources and divest them of their ancestral lands and territories. The book argues that development programs need to be implemented in a culturally appropriate manner to be truly sustainable, and with the consent and participation of the peoples concerned. Otherwise, they only serve to push an already vulnerable people into greater impoverishment and hardship. The devastation wrought by large-scale dams and forestry policies cloaked as development programs is succinctly described in this report, as is the population transfer and militarization. The interaction of all these factors in the process of assimilation and integration is the background for this book, analyzed within the perspective of indigenous and national law, and complemented by international legal approaches. The book concludes with an updateon the developments since the signing of the Peace Accord between the Government of Bangladesh and the Jana Sanghati Samiti (JSS) on December 2, 1997.
Download or read book Aboriginal Title and Indigenous Peoples written by Louis A. Knafla and published by UBC Press. This book was released on 2011-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Land Indigenous Peoples and Conflict written by Alan C. Tidwell and published by Routledge. This book was released on 2015-10-05 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land, Indigenous Peoples and Conflict presents an original comparative study of indigenous land and property rights worldwide. The book explores how the ongoing constitutional, legal and political integration of indigenous peoples into contemporary society has impacted on indigenous institutions and structures for managing land and property. This book details some of the common problems experienced by indigenous peoples throughout the world, providing lessons and insights from conflict resolution that may find application in other conflicts including inter-state and civil and sectarian conflicts. An interdisciplinary group of contributors present specific case material from indigenous land conflicts from the South Pacific, Australasia, South East Asia, Africa, North and South America, and northern Eurasia. These regional cases discuss issues such as modernization, the evolution of systems and institutions regulating land use, access and management, and the resolution of indigenous land conflicts, drawing out common problems and solutions. The lessons learnt from the book will be of value to students, researchers, legal professionals and policy makers with an interest in land and property rights worldwide.
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.
Download or read book Aboriginal Land Rights written by Nicolas Peterson and published by Australian Institute of Aboriginal and Torres Strait Island. This book was released on 1981 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains papers by N. Peterson, B. Egloff, R. Howie, C. Anderson, M. Mansell, B. Moore, P. Felton, G. McDonald, and C. Rowley; papers outline history of legislation pertaining to Aboriginal rights to land in all States of Australia; status and extent of Aboriginal land holdings outlined; includes paper on the work of the Aboriginal Land Fund Commission and annotated bibliography on Aboriginal land rights; paper by P. Felton (Ch.10) should be read in conjunction with MS 3186 (more detailed and correct text).
Download or read book Beyond the Indian Act written by Tom Flanagan and published by McGill-Queen's Press - MQUP. This book was released on 2010-02-08 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors not only investigate the current forms of property rights on reservations but also expose the limitations of each system, showing that customary rights are insecure, certificates of possession cannot be sold outside the First Nation, and leases are temporary. As well, analysis of legislation, court decisions, and economic reports reveals that current land management has led to unnecessary economic losses. The authors propose creation of a First Nations Property Ownership Act that would make it possible for First Nations to take over full ownership of reserve lands from the Crown, arguing that permitting private property on reserves would provide increased economic advantages. An engaging and well-reasoned book, Beyond the Indian Act is a bold argument for a new system that could improve the quality of life for First Nations people in communities across the country.
Download or read book Protests Land Rights and Riots written by Barry Morris and published by Berghahn Books. This book was released on 2015 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Morris deploys the incisive tools of anthropology to deconstruct the way neoliberal policies of the 1980s began to reverse the political gains Australian Aborigines had made in the 1970s...This work is of crucial relevance for thinking beyond the present neoliberal impasse." - Gillian Cowlishaw, Sydney University "Morris reveals the lie underpinning so much recent cant but more sets the situation of Aborigines in the context of larger global forces. This is a much overdue work that should contribute to new understanding and which breaks out of some of the enduring categories that continue to inhibit critical thought." - Bruce Kapferer, University of Bergen "Morris is not afraid to study systemic interrelationships; how history brings together structure and events in ways that might be unique but not random." - Andrew Lattas, University of Bergen The 1970s saw the Aboriginal people of Australia struggle for recognition of their postcolonial rights. Rural communities, where large Aboriginal populations lived, were provoked as a consequence of social fragmentation, unparalleled unemployment, and other major economic and political changes. The ensuing riots, protests, and law-and-order campaigns in New South Wales captured the tense relations that existed between indigenous people, the police, and the criminal justice system. In Protests, Land Rights, and Riots, Barry Morris shows how neoliberal policies in Australia targeted those who were least integrated socially and culturally, and who enjoyed fewer legitimate economic opportunities. Amidst intense political debate, struggle, and conflict, new forces were unleashed as a post-settler colonial state grappled with its past. Morris provides a social analysis of the ensuing effects of neoliberal policy and the way indigenous rights were subsequently undermined by this emerging new political orthodoxy in the 1990s. Barry Morris is the author of Domesticating Resistance, Race Matters and Expert Knowledge. He is a Senior Lecturer in Anthropology at the University of Newcastle.
Download or read book Your Land is Our Land written by Kenneth Maddock and published by Ringwood, Vic. ; Markham, Ont. : Penguin. This book was released on 1983 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historical study - anthropological/legal aspects; why Aborigines were denied rights defining Aboriginal owners, indepth look into Northern Territory situation, land rights in South Australia, Victoria, Queensland, New South Wales, Western Australia; Australia a sacred site, should Aborigines have special rights.
Download or read book Aboriginal Land Rights written by Justin Healey and published by . This book was released on 2002 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of a series of educational resource books offering information about contemporary issues in Australian society. Information is sourced from newspapers, journals, government reports, surveys, websites and lobby group literature. This volume looks at issues surrounding Aboriginal landrights, including the history of the landrights movement and associated legislation such as Mabo, Wik and the Native Title Act. Includes source references, illustrations, statistical facts and figures, website listing and index.
Download or read book Planning for Coexistence written by Libby Porter and published by Routledge. This book was released on 2016-06-10 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Planning is becoming one of the key battlegrounds for Indigenous people to negotiate meaningful articulation of their sovereign territorial and political rights, reigniting the essential tension that lies at the heart of Indigenous-settler relations. But what actually happens in the planning contact zone - when Indigenous demands for recognition of coexisting political authority over territory intersect with environmental and urban land-use planning systems in settler-colonial states? This book answers that question through a critical examination of planning contact zones in two settler-colonial states: Victoria, Australia and British Columbia, Canada. Comparing the experiences of four Indigenous communities who are challenging and renegotiating land-use planning in these places, the book breaks new ground in our understanding of contemporary Indigenous land justice politics. It is the first study to grapple with what it means for planning to engage with Indigenous peoples in major cities, and the first of its kind to compare the underlying conditions that produce very different outcomes in urban and non-urban planning contexts. In doing so, the book exposes the costs and limits of the liberal mode of recognition as it comes to be articulated through planning, challenging the received wisdom that participation and consultation can solve conflicts of sovereignty. This book lays the theoretical, methodological and practical groundwork for imagining what planning for coexistence might look like: a relational, decolonizing planning praxis where self-determining Indigenous peoples invite settler-colonial states to their planning table on their terms.
Download or read book What Do We Want written by Heidi Norman and published by . This book was released on 2015-05-01 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today the network of land councils in New South Wales is the largest Aboriginal representative body in the country with more than a billion dollars in land assets, a near billion - dollar investment fund, and more than 115 local Aboriginal land councils - but it wasn't always so ....The passage of land rights laws in New South Wales in 1983 saw political intrigue, deception and disappointment as well as unprecedented engagement by Aboriginal citizens and their supporters. 'What do we want? ' was the rallying call for these activists. Heidi Norman's insightful book begins in the late 1970s when Aboriginal people, armed with new skills, framed their land rights demands. The 1978 land rights inquiry and the laws that followed brought Aboriginal people - and the state - into new and different relationships of power. These have been the source of ongoing contestation ever since.
Download or read book We Are Here written by Edwin N. Wilmsen and published by Univ of California Press. This book was released on 2023-04-28 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1989.
Download or read book Indigenous Peoples Land Rights under International Law written by Jérémie Gilbert and published by BRILL. This book was released on 2007-03-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.
