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Author:   Sean Brennan (University of New South Wales, Australia.) ,  Megan Davis ,  Brendan Edgeworth ,  Leon Terrill
Publisher:   Federation Press
Imprint:   Federation Press
Weight:   0.460kg
ISBN:  

9781862879980

ISBN 10:   1862879982
Pages:   292
Publication Date:   28 May 2015
Audience:   Professional and scholarly ,  College/higher education ,  Professional & Vocational ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

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

Reviews

This collection of essays is greater than the sum of its parts, offering much to interested bystanders as well as to participants in the native title system. It not only presents an overarching analysis of native title, but also allows contributors to focus on different elements of the landscape and air disagreements on some key issues. As a result, its seventeen chapters resonate with ideas and analysis, and display both the vibrant state of native title today and its dizzying complexity. Read full review... - Michael Dillon, Inside Story, July 2015 It has been a little over 20 years since the High Court's recognition of native title in Mabo v Queensland (No 2) and the subsequent enactment of the Commonwealth Native Title Act 1993. Despite high hopes for native title at that time, it has failed to live up to its expectations. The subsequent development of native title by courts and legislators has placed significant constraints on the ability for native title claim groups to gain recognition. This collection of essays traces the development of native title from Mabo to the High Court's recent decision in Akiba v Commonwealth, which appears to adopt a less rigid approach to the existence and extinguishment of native title rights. The authors ask how native title can be better used as a tool to effect change and as a source of empowerment for Indigenous people? This book is divided into two parts. The first part deals with the legal dynamics in the development of native title. It addresses the problems inherent in the current doctrine of native title, such as its inconsistency with other types of property rights; the requirement for maintenance of traditional laws and customs, which does not take adequate account of English settlement; and the High Court's bundle of rights approach to native title. The second part considers native title as a vehicle for Indigenous empowerment. Case studies of successful strategies are given, including the Noongar Native Title Settlement with Western Australia. Issues such as self-governance of native title claim groups, the means by which members of a claim group are identified and native title as a means of economic enhancement are also considered. This book is a thorough look at native title from a variety of perspectives, and at the place of native title within a broader conception of property. It is of interest to native title practitioners, law and policy makers, social justice advocates and those with an interest in property law more generally. - Queensland Law Reporter - 3 July 2015 - [2015] 25 QLR

Author Information

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.

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