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

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Overview
Published 29 May 2015 (Federation Press)
ISBN: 9781862879980. Soft Cover, 292 pages.
Description

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

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, politics, 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 parts.

Part One is entitled 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.

Part Two is entitled 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 part 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.


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

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