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Authorisation and Decision-making in Native Title

Author: Nick Duff

Publisher: AIATSIS Research Publications

Published: 2017-02-07

Total Pages: 254

ISBN-13: 9781922102614

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.

The Frontiers of Public Law

Author: Jason NE Varuhas

Publisher: Bloomsbury Publishing

Published: 2020-01-09

Total Pages: 544

ISBN-13: 1509930396

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This major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining cutting-edge issues at the intersection of public law and other fields. The collection addresses four principal frontiers: public law and international law; public law and indigenous peoples; public law and other domestic fields, specifically criminal law and private law; and public law and public administration. In common with the two books from the previous Public Law Conferences, this collection offers authoritative insights into the most important issues emerging in public law, and is essential reading for those working in the field.

Indigenous Governance of Traditional Knowledge

Author: Neva Collings

Publisher: Taylor & Francis

Published: 2023-08-17

Total Pages: 228

ISBN-13: 1000927687

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This book addresses the issue of Indigenous peoples' participation in genetic resource access and benefit-sharing and associated traditional knowledge for self-determination. Genetic resources from nature are increasingly used in global biodiscovery research and development, but they often use Indigenous peoples’ traditional knowledge without their consent and without sharing the benefit. The Nagoya Protocol is an instrument of the Convention on Biological Diversity intended to ensure Indigenous peoples’ traditional knowledge is used with their prior and informed consent or approval and entails benefit-sharing on mutually agreed terms. Many countries with significant Indigenous populations have signed the Nagoya Protocol and are currently grappling with implementation of its provisions. This book takes up a case study of Australia to demonstrate how Indigenous community governance in settler states can serve as a path to implementing the Nagoya Protocol. Australia’s access and benefitsharing framework is globally hailed as best practice, offering lessons for other countries implementing the Nagoya Protocol. Focusing on two Indigenous community organisations in Australia, the book establishes a unique evaluative framework for analysing and differentiating the governance arrangements used by Indigenous communities for facilitating decision-making related to traditional knowledge. This book will appeal to scholars working in the areas of international environmental law, human rights, biotechnology law, and Indigenous legal issues; as well as those directly engaged in implementing access and benefit-sharing measures and developing law reform strategies.

Indigenous Legal Judgments

Author: Nicole Watson

Publisher: Routledge

Published: 2021-06-27

Total Pages: 244

ISBN-13: 1000401243

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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.

Australian Native Title Law

Author: Melissa Perry

Publisher: Sydney : Lawbook Company

Published: 2003

Total Pages: 1012

ISBN-13:

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This quality text will undoubtedly prove to be a valuable addition to the library of any practitioner dealing with land transactions, or anyone working in the Native Title field. It covers both the annotated Native Title Act 1993 (post 1998 amendments) and an analysis of the common law principles applicable to Native Title.

Developing Governance and Governing Development

Author: Diane Smith

Publisher: Rowman & Littlefield

Published: 2021-08-18

Total Pages: 509

ISBN-13: 153814364X

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Globally, far too many discussions about Indigenous governance and development are dominated by accounts of disadvantage, deficit and failure. This book paints a different international picture, testifying to Indigenous peoples as agents of governance innovation and successful developers in their own right, telling stories in their words, from their own experiences and countries. From Indigenous voices, we hear alternative concepts and measures of effectiveness, legitimacy, success and sustainability. Indigenous stories and voices are captured as case study chapters, written in lively, clear language about what is happening that is promising and productive in Indigenous self-determined governance for self-determined development in Canada, Australia, Aotearoa/New Zealand and the USA; all English colonial–settler countries.

The Boundaries of Australian Property Law

Author: Hossein Esmaeili

Publisher: Cambridge University Press

Published: 2016-07-05

Total Pages: 347

ISBN-13: 1107572657

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Focussing on the Torrens title system, this text offers students and practitioners a unique perspective on Australian real property law.

Australian Indigenous Law Reporter

Author:

Publisher:

Published: 2003

Total Pages: 556

ISBN-13:

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Indigenous Australians and the Law

Author: Martin Hinton

Publisher: Routledge

Published: 2008-04-16

Total Pages: 289

ISBN-13: 113531439X

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Bringing together a well-respected team of commentators, many of them indigenous Australians themselves, this revised and updated edition examines the legal, social and political developments that have taken place in Australia since the publication of the last edition. Providing students with a greater understanding of the issues facing Indigenous Australians in the hope of contributing to reconciliation, the authors explore a broad range of developments, including: human rights and reconciliation in contemporary Australia; the demise of ATSIC; issues of indigenous governance and water rights. Giving readers an incisive account of the resounding impact of social, political and legal conditions upon the Indigenous people of Australia and their interaction with and recourse to the law, this book is an excellent resource for those interested in the law of a coloniser or conqueror and its lasting impact upon first nations.

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.