Recognizing Aboriginal Title

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Release : 2005-12-15
Genre : Law
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Book Rating : 254/5 ( reviews)

Recognizing Aboriginal Title - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Recognizing Aboriginal Title write by Peter H. Russell. This book was released on 2005-12-15. Recognizing Aboriginal Title available in PDF, EPUB and Kindle. 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.

Recognizing Aboriginal Title

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Author :
Release : 2006
Genre : History
Kind :
Book Rating : 438/5 ( reviews)

Recognizing Aboriginal Title - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Recognizing Aboriginal Title write by Peter H. Russell. This book was released on 2006. Recognizing Aboriginal Title available in PDF, EPUB and Kindle. 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.

Aboriginal Title and Indigenous Peoples

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Release : 2011-01-01
Genre : Law
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Book Rating : 296/5 ( reviews)

Aboriginal Title and Indigenous Peoples - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Aboriginal Title and Indigenous Peoples write by Louis A. Knafla. This book was released on 2011-01-01. Aboriginal Title and Indigenous Peoples available in PDF, EPUB and Kindle. 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

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Release : 2011-08-18
Genre : Law
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Book Rating : 546/5 ( reviews)

Aboriginal Title - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Aboriginal Title write by P. G. McHugh. This book was released on 2011-08-18. Aboriginal Title available in PDF, EPUB and Kindle. 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.

Book Review

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Release : 2006
Genre :
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Book Rating : /5 ( reviews)

Book Review - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Book Review write by Wesley Pue. This book was released on 2006. Book Review available in PDF, EPUB and Kindle. This provides a short review and commentary on Peter Russell's extraordinary new work on aboriginal peoples and settler-colony imperialism in Canada, the USA, Australian, and New Zealand.