Recognizing Aboriginal Title

Recognizing Aboriginal Title

Author: Peter H. Russell

Publisher:

Published: 2006

Total Pages: 470

ISBN-13: 9780802094438

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A judicial revolution occurred in 1992 when Australia's highest court discarded a doctrine that had stood for two hundred years, that the country was a terra nullius - a land of no one - when the white man arrived. The proceedings were known as the Mabo Case, named for Eddie Koiki Mabo, the Torres Strait Islander who fought the notion that the Australian Aboriginal people did not have a system of land ownership before European colonization. The case had international repercussions, especially on the four countries in which English-settlers are the dominant population: Australia, Canada, New Zealand, and the United States. In Recognizing Aboriginal Title, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of Indigenous peoples to overcome their colonized status. Russell weaves together an historical narrative of Mabo's life with an account of the legal and ideological premises of European imperialism and their eventual challenge by the global forces of decolonization. He traces the development of Australian law and policy in relation to Aborigines, and provides a detailed examination of the decade of litigation that led to the Mabo case. Mabo died at the age of fifty-six just five months before the case was settled. Although he had been exiled from his land over a dispute when he was a teenager, he was buried there as a hero. Recognizing Aboriginal Title is a work of enormous importance by a legal and constitutional scholar of international renown, written with a passion worthy of its subject - a man who fought hard for his people and won.


Recognising Aboriginal Title

Recognising Aboriginal Title

Author: Peter H. Russell

Publisher:

Published: 2006

Total Pages: 492

ISBN-13:

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In this book, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of indigenous peoples to overcome colonized status. --book jacket.


Aboriginal Title and Indigenous Peoples

Aboriginal Title and Indigenous Peoples

Author: Louis A. Knafla

Publisher: UBC Press

Published: 2011-01-01

Total Pages: 280

ISBN-13: 0774859296

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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.


Aboriginal Title

Aboriginal Title

Author: P. G. McHugh

Publisher: OUP Oxford

Published: 2011-08-18

Total Pages: 1529

ISBN-13: 0191018546

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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.


Coming to Terms

Coming to Terms

Author: Shaun Berg

Publisher: Wakefield Press

Published: 2010

Total Pages: 594

ISBN-13: 1862548676

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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.


Australian Native Title Anthropology

Australian Native Title Anthropology

Author: Kingsley Palmer

Publisher: ANU Press

Published: 2018-05-03

Total Pages: 297

ISBN-13: 1760461881

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The Australian Federal Native Title Act 1993 marked a revolution in the recognition of the rights of Australia’s Indigenous peoples. The legislation established a means whereby Indigenous Australians could make application to the Federal Court for the recognition of their rights to traditional country. The fiction that Australia was terra nullius (or ‘void country’), which had prevailed since European settlement, was overturned. The ensuing legal cases, mediated resolutions and agreements made within the terms of the Native Title Act quickly proved the importance of having sound, scholarly and well-researched anthropology conducted with claimants so that the fundamentals of the claims made could be properly established. In turn, this meant that those opposing the claims would also benefit from anthropological expertise. This is a book about the practical aspects of anthropology that are relevant to the exercise of the discipline within the native title context. The engagement of anthropology with legal process, determined by federal legislation, raises significant practical as well as ethical issues that are explored in this book. It will be of interest to all involved in the native title process, including anthropologists and other researchers, lawyers and judges, as well as those who manage the claim process. It will also be relevant to all who seek to explore the role of anthropology in relation to Indigenous rights, legislation and the state.


Indigenous Water Rights in Law and Regulation

Indigenous Water Rights in Law and Regulation

Author: Elizabeth Jane Macpherson

Publisher: Cambridge University Press

Published: 2019-08-08

Total Pages: 313

ISBN-13: 1108473067

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A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.


Recognizing Aboriginal Title

Recognizing Aboriginal Title

Author: Peter H. Russell

Publisher: University of Toronto Press

Published: 2005-12-15

Total Pages: 748

ISBN-13: 1442659254

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A judicial revolution occurred in 1992 when Australia's highest court discarded a doctrine that had stood for two hundred years, that the country was a terra nullius – a land of no one – when the white man arrived. The proceedings were known as the Mabo Case, named for Eddie Koiki Mabo, the Torres Strait Islander who fought the notion that the Australian Aboriginal people did not have a system of land ownership before European colonization. The case had international repercussions, especially on the four countries in which English-settlers are the dominant population: Australia, Canada, New Zealand, and the United States. In Recognizing Aboriginal Title, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of Indigenous peoples to overcome their colonized status. Russell weaves together an historical narrative of Mabo's life with an account of the legal and ideological premises of European imperialism and their eventual challenge by the global forces of decolonization. He traces the development of Australian law and policy in relation to Aborigines, and provides a detailed examination of the decade of litigation that led to the Mabo case. Mabo died at the age of fifty-six just five months before the case was settled. Although he had been exiled from his land over a dispute when he was a teenager, he was buried there as a hero. Recognizing Aboriginal Title is a work of enormous importance by a legal and constitutional scholar of international renown, written with a passion worthy of its subject – a man who fought hard for his people and won.


Empire and the Making of Native Title

Empire and the Making of Native Title

Author: Bain Attwood

Publisher: Cambridge University Press

Published: 2020-07-16

Total Pages: 457

ISBN-13: 1108478298

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This book provides a strikingly original explanation of the Britain's treatment of sovereignty and native title in its Australasian colonies.


Aboriginal Customary Law: A Source of Common Law Title to Land

Aboriginal Customary Law: A Source of Common Law Title to Land

Author: Ulla Secher

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 667

ISBN-13: 1782253777

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Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).