Native Title from Mabo to Akiba

A Vehicle for Change and Empowerment?

Buch | Softcover

292 Seiten

2015
Federation Press (Verlag)
978-1-86287-998-0 (ISBN)

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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. This book explains some of the challenges Indigenous groups face in areas such as governance, land reform and internal politicking.

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.

Sean Brennan joined UNSW Law in May 2002. He teaches, writes and researches mainly in the areas of constitutional law, native title, land rights and other Indigenous legal issues. Megan Davies is a Professor of Law and an expert member of the United Nations Permanent Forum on Indigenous Issues in New York. Megan is also a Commissioner of the NSW Land and Environment Court and a Fellow of the Australian Academy of Law. Brendan Edgeworth is Professor of Law in the Law School of the University of New South Wales and is currently Director of Postgraduate Studies. Dr Leon Terrill is a lecturer in the UNSW Law School and a Centre Fellow at the Indigenous Law Centre.

Part One: Legal Dynamics in the Development of Native Title 1. The Idea of Native Title as a Vehicle for Change and Indigenous Empowerment Sean Brennan, Megan Davis, Brendan Edgeworth and Leon Terrill 2.The Legal Shortcomings of Native Title Bret Walker 3.A Judge's Reflections on Native Title Paul Finn 4.The Significance of the Akiba Torres Strait Regional Sea Claim Case Sean Brennan 5. The Right to Resources and the Right to Trade Lisa Strelein 6.The Inalienability of Native Title in Australia: A Conclusion in Search of a Rationale David Yarrow 7. The Mabo 'Vibe' and its Many Resonances in Australian Property Law Brendan Edgeworth 8.Dancing with Strangers: Native Title and Australian Understandings of Race Discrimination Jonathon Hunyor Part Two: Native Title as a Vehicle for Indigenous Empowerment 9. Burgeoning Indigenous Land Ownership: Diverse Values and Strategic Potentialities Jon Altman and Francis Markham 10.The Relevance of Statutory Land Rights to Native Title and Empowerment Andrew Chalk and Sean Brennan 11.Maximising the Potential for Empowerment: The Sustainability of Indigenous Native Title Corporations Marcia Langton 12.Native Title, Aboriginal Self-Government and Economic Participation Ciaran O'Faircheallaigh 13.Indigenous Incorporation as a Means to Empowerment Tim Rowse 14.Ancestry and Rights to Country: The Politics of Social Inclusion in Native Title Negotiations David Trigger 16.Hernando De Soto and Empowerment through Land Tenure Reform Leon Terrill 17.Making Use of Payments: A Community Development Model Danielle Campbell and Janet Hunt 18.Negotiating a Noongar Native Title Settlement Glen Kelly and Stuart Bradfield

Erscheint lt. Verlag	28.5.2015
Verlagsort	Annandale, NSW
Sprache	englisch
Maße	156 x 234 mm
Gewicht	460 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Sachenrecht
	Sozialwissenschaften ► Ethnologie
	Sozialwissenschaften ► Soziologie
ISBN-10	1-86287-998-2 / 1862879982
ISBN-13	978-1-86287-998-0 / 9781862879980
Zustand	Neuware