Australian Indigenous Law Reporter
Author:
Publisher:
Published: 2003
Total Pages: 556
ISBN-13:
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Achieving Social Justice
Author: Larissa Behrendt
Publisher: Federation Press
Published: 2003
Total Pages: 212
ISBN-13: 9781862874503
DOWNLOAD EBOOKThis new work argues that a broad Indigenous rights framework is crucial to achieving positive change in the socio-economic disadvantage into which Indigenous Australians are born. It explains why addressing problems in Indigenous communities at a practical level needs to be done in conjunction with rights protection.
Indigenous Legal Judgments
Author: Nicole Watson
Publisher: Routledge
Published: 2021-06-27
Total Pages: 244
ISBN-13: 1000401243
DOWNLOAD EBOOKThis 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.
Law, Knowledge, Culture
Author: Jane E. Anderson
Publisher: Edward Elgar Publishing
Published: 2009-01-01
Total Pages: 269
ISBN-13: 1848447191
DOWNLOAD EBOOKCombining unique practical experience with a sophisticated historical and theoretical framework, this impressive work offers a new basis to explore indigenous intellectual property. In this wide-ranging and imaginative study, Anderson has laid the groundwork for future scholarship in the field. Hopefully this work will set a new trajectory for how this important topic is approached and advanced with indigenous people. Brad Sherman, University of Queensland, Australia This informative book investigates how indigenous and traditional knowledge has been produced and positioned within intellectual property law and the effects of this position in both national and international jurisdictions. Drawing upon critical cultural and legal theory, Jane Anderson illustrates how the problems facing the inclusion of indigenous knowledge resonate with tensions that characterise intellectual property as a whole. She explores the extent that the emergence of indigenous interests in intellectual property law is a product of shifting politics within law, changing political environments, governmental intervention through strategic reports and innovative instances of individual agency. The author draws on long-term practical experience of working with indigenous people and communities whilst engaging with ongoing debates in the realm of legal theory. Detailing a comprehensive view on how indigenous knowledge has emerged as a discrete category within intellectual property law, this book will benefit researchers, academics and students dealing with law in the fields of IP, human rights, property and environmental law. It will also appeal to anthropologists, sociologists, philosophers and cultural theorists.
First Knowledges Law
Author: Marcia Langton
Publisher: Thames & Hudson Australia
Published: 2023-04-25
Total Pages: 169
ISBN-13: 1760762830
DOWNLOAD EBOOKOur Laws are forever present and provide the pathways for all Australians to truly learn how to belong to this continent.' - June Oscar 'No other current work has been able to so comprehensively explain the significance of traditional law in all its manifestations.' - Henry Reynolds Law is culture, and culture is law. Given by the ancestors and cultivated over millennia, Indigenous law defines what it is to be human. Complex and evolving, law holds the keys to resilient, caring communities and a life in balance with nature. Marcia Langton and Aaron Corn show how Indigenous law has enabled people to survive and thrive in Australia for more than 2000 generations. Nurturing people and places, law is the foundation of all Indigenous societies in Australia, giving them the tools to respond and adapt to major environmental and social changes. But law is not a thing of the past. These living, sophisticated systems are as powerful now as they have ever been, if not more so. Law: The Way of the Ancestors challenges readers to consider how Indigenous law can inspire new ways forward for us all in the face of global crises.
The Future of Australian Legal Education
Author: NO AUTHOR SUPPLIED.
Publisher: Lawbook Company
Published: 2018-06-15
Total Pages: 536
ISBN-13: 9780455241357
DOWNLOAD EBOOKThe Future of Australian Legal Education Conference was held in August 2017 to mark the 10th anniversary of the Australian Academy of Law (AAL), the 90th anniversary of the Australian Law Journal (ALJ) and the 30th anniversary of the Pearce Report on Australian Law Schools. The conference provided a forum for an informed, national discussion on the future of legal study and practice in Australia, covering practitioners, academics, judges and students.
What Good Condition?
Author: Peter Read
Publisher: ANU E Press
Published: 2006-12-01
Total Pages: 252
ISBN-13: 1920942912
DOWNLOAD EBOOK"What Good Condition? collects edited papers, initially delivered at the Treaty Advancing Reconciliation conference, on the proposal for a treaty between Aboriginal and non-Aboriginal Australians, a proposal which has been discussed and dissected for nearly 30 years. Featuring contributions from prominent Aboriginal community leaders, legal experts and academics, this capacious work provides an overview of the context and legacy of the residue of treaty proposals and negotiations in past decades; a consideration of the implications of treaty in an Indigenous, national and international context; and, finally, some reflections on regional aspirations and achievements."--Publisher's description.
Indigenous Governance of Traditional Knowledge
Author: Neva Collings
Publisher: Taylor & Francis
Published: 2023-08-17
Total Pages: 228
ISBN-13: 1000927687
DOWNLOAD EBOOKThis 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.
Community Resources
Author: Johanna Gibson
Publisher: Routledge
Published: 2016-12-05
Total Pages: 376
ISBN-13: 1351950142
DOWNLOAD EBOOKProtection of traditional knowledge and resources is of critical concern not only to the groups involved but also to the international trading community for which these resources are of increasing economic importance. This work examines the concept of 'community', intellectual property models and additional sources for protection at international law (including environmental and human rights frameworks). Intellectual property law is critiqued as an inadequate framework to address the fundamental object of protection for the communities themselves - the management of traditional use, as well as the biological and cultural sustainability of this use. The work sets out an international framework based on the concept of 'community resources', recognizing the unique claims embodied in traditional knowledge, incorporating customary law, and facilitating community management of resources. International in perspective and scope, the book will be a valuable resource for academics and researchers in law, international relations and cultural studies.
Let Right Be Done
Author: Hamar Foster
Publisher: UBC Press
Published: 2011-11-01
Total Pages: 353
ISBN-13: 0774840110
DOWNLOAD EBOOKIn 1973 the Supreme Court of Canada issued a landmark decision in the Calder case, confirming that Aboriginal title constituted a right within Canadian law. Let Right Be Done examines the doctrine of Aboriginal title thirty years later and puts the Calder case in its legal, historical, and political context, both nationally and internationally. With its innovative blend of scholarly analysis and input from many of those intimately involved in the case, this book should be essential reading for anyone interested in Aboriginal law, treaty negotiations, and the history of the "BC Indian land question."
