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Vol 21 No 11 Nov/Dec 2016

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Native Title from Mabo to Akiba: A Vehicle for Change and Empowerment?

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Edited by: Sean Brennan, Brendan Edgeworth Megan Davis, Leon Terrill

ISBN13: 9781862879980
Published: June 2015
Publisher: The Federation Press
Country of Publication: Australia
Format: Paperback
Price: £37.99



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This edited collection brings together some of Australia’s foremost experts in native title to provide a realistic assessment of the achievements, frustrations and possibilities of native title, two decades since the enactment of the Native Title Act 1993 (Cth), and after the most significant High Court decision on native title in more than ten years, Akiba v Commonwealth, which confirmed the existence of commercial native title fishing rights. The Indigenous and non-Indigenous authors come from a variety of disciplines and perspectives and include academics and practitioners from the fields of law, economics, anthropology, history and community development. Uniting the book is a concern that native title make a real impact on the economic and social circumstances of Australia’s Indigenous communities.

The book consists of two sections.

Section One: Legal Dynamics in the Development of Native Title. It examines the way in which Australian law has defined and often constrained the scope of this newly-recognised property right. There is a particular focus on legal issues with a direct bearing on the economic potential of native title, such as alienability and the right to trade resources and the challenges posed for anti-discrimination law.

Section Two: Native Title as a Vehicle for Indigenous Empowerment. Authors provide an overview of the contribution made so far by native title and the prospects for future empowerment. Detailed mapping and analysis provides readers with a geographic orientation and a sense of realism about the economic potential of the native title estate, in comparison with achievements under a parallel statutory land rights regime. This section also explains some of the challenges Indigenous groups face in areas such as governance, land reform and internal politicking, as they operate in the shadow of the law, seeking to utilise native title for greater empowerment.

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Subjects:
Other Jurisdictions , Australia
Contents:
Part One: Legal Dynamics in the Development of Native Title

The Idea of Native Title as a Vehicle for Change and Indigenous Empowerment
Sean Brennan, Megan Davis, Brendan Edgeworth and Leon Terrill
The Legal Shortcomings of Native Title
Bret Walker
A Judge’s Reflections on Native Title
Paul Finn
The Significance of the Akiba Torres Strait Regional Sea Claim Case
Sean Brennan
The Right to Resources and the Right to Trade
Lisa Strelein
The Inalienability of Native Title in Australia: A Conclusion in Search of a Rationale
David Yarrow
The Mabo ‘Vibe’ and its Many Resonances in Australian Property Law
Brendan Edgeworth
Dancing with Strangers: Native Title and Australian Understandings of Race Discrimination
Jonathon Hunyor

Part Two: Native Title as a Vehicle for Indigenous Empowerment

Burgeoning Indigenous Land Ownership: Diverse Values and Strategic Potentialities
Jon Altman and Francis Markham
The Relevance of Statutory Land Rights to Native Title and Empowerment
Andrew Chalk and Sean Brennan
Maximising the Potential for Empowerment: The Sustainability of Indigenous Native Title Corporations
Marcia Langton
Native Title, Aboriginal Self-Government and Economic Participation
Ciaran O’Faircheallaigh
Indigenous Incorporation as a Means to Empowerment
Tim Rowse
Ancestry and Rights to Country: The Politics of Social Inclusion in Native Title Negotiations
David Trigger
Hernando De Soto and Empowerment through Land Tenure Reform
Leon Terrill
Making Use of Payments: A Community Development Model
Danielle Campbell and Janet Hunt
Negotiating a Noongar Native Title Settlement
Glen Kelly and Stuart Bradfield