Beyond Communal and Individual Ownership PDF Download

Author: Leon Terrill
Publisher: Routledge
ISBN: 1317525078
Category : Law
Languages : en
Pages : 316

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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.

Author: Nicolas Peterson
Publisher: Australian Institute of Aboriginal and Torres Strait Island
ISBN:
Category : History
Languages : en
Pages : 322

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Book Description
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).

Author: Gary Foley
Publisher: Routledge
ISBN: 1135037876
Category : Law
Languages : en
Pages : 367

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Book Description
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)

Author: Justin Healey
Publisher:
ISBN: 9781876811785
Category : Aboriginal Australians
Languages : en
Pages : 44

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Book Description
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.

Author: Edwin N. Wilmsen
Publisher: Univ of California Press
ISBN: 0520316886
Category : History
Languages : en
Pages : 224

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Book Description
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.

Author: Alan C. Tidwell
Publisher: Routledge
ISBN: 1317537548
Category : Law
Languages : en
Pages : 250

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Book Description
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.

Author: Joan G. Fairweather
Publisher: University of Calgary Press
ISBN: 1552381927
Category : History
Languages : en
Pages : 286

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Book Description
The impact of colonial dispossession and the subsequent social and political ramifications places a unique burden on governments having to establish equitable means of addressing previous injustices. This book considers the efforts by both Canada and South Africa to reconcile the damage left by colonial expansion, in part, looking back with a critical eye, but also pointing the way towards a solution that will satisfy the common need for human dignity

Author: David Lea
Publisher: BRILL
ISBN: 9004166947
Category : Law
Languages : en
Pages : 307

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Book Description
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.

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: P. G. McHugh
Publisher: OUP Oxford
ISBN: 0191018546
Category : Law
Languages : en
Pages : 378

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Book Description
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.