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Bibliographies thématiques / Aboriginal Australians. Legal status, laws, etc / Thèses

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Thèses sur le sujet « Aboriginal Australians. Legal status, laws, etc »

Auteur : Grafiati

Publié le 4 juin 2021

Mis à jour le 25 janvier 2023

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1

Dorsett, Shaunnagh Law Faculty of Law UNSW. "Thinking jurisdictionally: a genealogy of native title." Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/23963.

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In Mabo v. State of Queensland (No. 2) (1992) 175 C.L.R. 1, the majority of the High Court held that ???native title??? had survived the acquisition of sovereignty over the Australian continent and is ???recognised??? by the common law. However, all the judgments failed to articulate clearly either the nature of native title as a legal form, and the relationship of that legal form to the common law, or what is meant by ???recognition???. Twelve years later the High Court has still not provided a satisfactory understanding of any of these matters. The central problem investigated by this thesis

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2

Anderson, Jane Elizabeth Law Faculty of Law UNSW. "The production of indigenous knowledge in intellectual property law." Awarded by:University of New South Wales. School of Law, 2003. http://handle.unsw.edu.au/1959.4/20491.

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The thesis is an exploration of how indigenous knowledge has emerged as a subject within Australian intellectual property law. It uses the context of copyright law to illustrate this development. The work presents an analysis of the political, social and cultural intersections that influence legal possibilities and effect practical expectations of the law in this area. The dilemma of protecting indigenous knowledge resonates with tensions that characterise intellectual property as a whole. The metaphysical dimensions of intellectual property have always been insecure but these difficulties co

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3

Mwebaza, Rose. "The right to public participation in environmental decision making a comparative study of the legal regimes for the participation of indigneous [sic] people in the conservation and management of protected areas in Australia and Uganda /." Phd thesis, Australia : Macquarie University, 2007. http://hdl.handle.net/1959.14/22980.

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"August 2006"<br>Thesis (PhD) -- Macquarie University, Division of Law, 2007.<br>Bibliography: p. 343-364.<br>Abstract -- Candidate's certification -- Acknowledgements -- Acronyms -- Chapter one -- Chapter two: Linking public participation to environmental decision making and natural resources management -- Chapter three: The right to public participation -- Chapter four: Implementing the right to public participation in environmental decision making : the participation of indigenous peoples in the conservation and management of protected areas -- Chapter five: The legal and policy regime for

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4

Mainville, Robert. "Compensation in cases of infringement to aboriginal and treaty rights." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30317.

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This paper discusses the legal principles which are relevant in determining the appropriate level of compensation for infringements to aboriginal and treaty rights. This issue has been left open by the Supreme Court of Canada in the seminal case of Delgamuukw. The nature of aboriginal and treaty rights as well as the fiduciary relationship and duties of the Crown are briefly described. The basic constitutional context in which these rights evolve is also discussed, including the federal common law of aboriginal rights and the constitutional position of these rights in Canada. Having set the ge

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5

Turner, Dale A. (Dale Antony) 1960. ""This is not a peace pipe" : towards an understanding of aboriginal sovereignty." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=35637.

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This dissertation attempts to show that Aboriginal peoples' ways of thinking have not been recognized by early colonial European political thinkers. I begin with an examination of Kymlicka's political theory of minority rights and show that, although Kymlicka is a strong advocate of the right of Aboriginal self-government in Canada, he fails to consider Aboriginal ways of thinking within his own political system. From an Aboriginal perspective this is not surprising. However, I claim that Kymlicka opens the conceptual space for the inclusion of Aboriginal voices. The notion of "incorporation"

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6

Singer, Kate. "Aboriginal injustice, a Canadian reponsibility : an Algonquian perspective of Canada's criminal justice system." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/MQ63368.pdf.

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7

Lavoie, Manon 1975. "The need fo a principled framework to effectively negotiate and implement the aboriginal right to self-government in Canada /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78221.

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The aim of this thesis is to reveal the need for a principled framework that would establish an effective implementation of the aboriginal peoples' right to self-government in Canada. In recent decades, many agreements instituting the right to self-government of First Nations have been concluded between the federal and provincial governments and aboriginal peoples. It then becomes important to evaluate the attempts of the two existing orders of government and the courts of Canada as regards the right to self-government and assess the potential usefulness of the two's efforts at defining

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8

Fuentes, Carlos Iván. "Redefining Canadian Aboriginal title : a critique towards an Inter-American doctrine of indigenous right to land." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101816.

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Is it possible to redefine Aboriginal title? This study intends to answer this question through the construction of an integral doctrine of aboriginal title based on a detailed analysis of its criticisms. The author uses international law to show a possible way to redefine this part of Canadian law. After a careful review of the most important aspects of aboriginal land in international law, the author chooses the law of the InterAmerican Court of Human Rights as its framework. Using the decisions of this Court he produces an internationalized redefinition of Aboriginal title.

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9

Donovan, Brian. "The common law basis of Aboriginal entitlements to land in Canada, the law's crooked path." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/MQ62720.pdf.

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10

Luker, Trish, and LukerT@law anu edu au. "THE RHETORIC OF RECONCILIATION: EVIDENCE AND JUDICIAL SUBJECTIVITY IN CUBILLO v COMMONWEALTH." La Trobe University. School of Law, 2006. http://www.lib.latrobe.edu.au./thesis/public/adt-LTU20080305.105209.

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In August 2000, Justice O�Loughlin of the Federal Court of Australia handed down the decision in Cubillo v Commonwealth in which Lorna Cubillo and Peter Gunner took action against the Commonwealth Government, arguing that it was vicariously liable for their removal from their families and communities as children and subsequent detentions in the Northern Territory during the 1940s and 1950s. The case is the landmark decision in relation to legal action taken by members of the Stolen Generations. Using the decision in Cubillo as a key site of contestation, my thesis provides a critique of legal

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11

Watson, Irene (Irene Margaret). "Raw law : the coming of the Muldarbi and the path to its demise." 1999. http://web4.library.adelaide.edu.au/theses/09PH/09phw3384.pdf.

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Bibliography: p. 367-378. "This thesis is about the origins and original intentions of law; that which I call raw law. Law emanates from Kaldowinyeri, that is the beginning of time itself. Law first took form in song. In this thesis I argue that the law is naked like the land and its peoples, and is distinguished from that known law by the colonists, which is a layered system of rules and regulations, an imposing one which buries the essence and nature of law."

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12

Watson, Irene (Irene Margaret). "Raw law : the coming of the Muldarbi and the path to its demise." Thesis, 1999. http://hdl.handle.net/2440/21610.

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Bibliography: p. 367-378.<br>x, 378 p. ; 30 cm.<br>"This thesis is about the origins and original intentions of law; that which I call raw law. Law emanates from Kaldowinyeri, that is the beginning of time itself. Law first took form in song. In this thesis I argue that the law is naked like the land and its peoples, and is distinguished from that known law by the colonists, which is a layered system of rules and regulations, an imposing one which buries the essence and nature of law."<br>Thesis (Ph.D.) -- University of Adelaide, Dept. of Law, 2000

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13

Mavec, Dante. "The appropriate place of Indigenous sentencing courts in the Australian criminal justice system." Thesis, 2008. http://hdl.handle.net/1885/144125.

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14

Corbett, Lee School of Sociology &amp Anthropology UNSW. "Native title & constitutionalism: constructing the future of indigenous citizenship in Australia." 2007. http://handle.unsw.edu.au/1959.4/40710.

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This thesis argues that native title rights are fundamental to Indigenous citizenship in Australia. It does this by developing a normative conception of citizenship in connection with a model of constitutionalism. Here, citizenship is more than a legal status. It refers to the norms of individual rights coupled with democratic responsibility that are attached to the person in a liberal-democracy. Constitutionalism provides the framework for understanding the manner in which Australian society realizes these norms. This thesis focuses on a society attempting to grapple with issues of postcolon

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15

Cooms, Valerie. "Free the blacks and smash the Act! : Aboriginal policy and resistance in Queensland between 1965 and 1975." Phd thesis, 2012. http://hdl.handle.net/1885/155752.

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This thesis focuses on both the State and Commonwealth Governments' involvement in Aboriginal affairs in Queensland from 1965 to 1975. It also examines the way in which the world anti-racism and decolonisation process was heavily influential not only upon the Australian Government's policy but also upon Aboriginal and non-Aboriginal people's responses and methods of protest as well. Because Australia is a settler colony with an Aboriginal population estimated as only 1% between 1965 and 1975, this thesis observes how the United Nations remained particularly watchful over Australia. This oc

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16

Hannah, Mark. "Constituting marriage : Indigenous and inter-cultural marriage and power of 'protectors'." Phd thesis, 2005. http://hdl.handle.net/1885/150293.

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17

Connolly, Anthony J. "Conceptual incommensurability and the judicial understanding of indigenous action." Phd thesis, 2006. http://hdl.handle.net/1885/150950.

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18

Kidd, Michael John, University of Western Sydney, of Arts Education and Social Sciences College, and School of Humanities. "The sacred wound : a legal and spiritual study of the Tasmanian Aborigines with implications for Australia of today." 2002. http://handle.uws.edu.au:8081/1959.7/28158.

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This thesis looks at the reality of the situation of the Tasmanian Aborigines using the theme of the 19th Century genocide of the Tasmanian Aborigines and the Sacred wound in the context of the law and spirituality. The methodology of the lived experience of the author is drawn upon for a legal and spiritual analysis of cases lived by the author, which provide a backdrop to the handing back of certain Aboriginal lands in Tasmania as well as reflecting on the intersection of Aboriginal lore and the legal system. The meaning of these cases goes beyond a rational legal analysis as the idea that g

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19

Strelein, Lisa Mary. "Indigenous self-determination claims and the common law in Australia." Phd thesis, 1998. http://hdl.handle.net/1885/109314.

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With the decision in Mabo v Queensland [No. 2] in 1992, the courts cemented their role in the self-determination strategies of Indigenous peoples in Australia. More than merely recognising a form of title to traditional lands, the tenor of the judgements in Mabo's case respected Indigenous peoples and offered the protection of the common law. However, the expectations of many Indigenous people for change have not since been met. This thesis examines the usefulness of the courts and the common law in particular for the self-determination claims of Indigenous peoples. I examine the theore

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20

Bannister, Judith Kaye. "Secret business and business secrets : the Hindmarsh Island Bridge affair, information law and the public sphere." Phd thesis, 2006. http://hdl.handle.net/1885/150345.

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21

Stevenson, Mark L. "The Metis aboriginal rights revolution." Thesis, 2004. http://hdl.handle.net/2429/16200.

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When the Metis were included in section 35 of the Constitution Act 1982, Metis leaders were euphoric. With the constitutional recognition of the Metis as on of the three Aboriginal peoples of Canada and the protection of Metis Aboriginal rights in section 35 of the Constitution Act, 1982, it was thought that the battle for recognition was over. Surely the next step would be the federal government's recognition of its jurisdiction for the Metis and the recognition by the courts and the Crown that Metis have Aboriginal rights that can be exercised along with those of the Indians and the In

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22

Duncan, Emmet John. "Challenging the monologues: toward an intercultural approach to aboriginal rights." Thesis, 1998. http://hdl.handle.net/2429/8106.

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The author critiques various strands of liberal moral and political theory as they relate to Aboriginal rights. In particular, he rejects the formulation of liberal theory by philosopher Will Kymlicka, as failing to respond to the unique realities and perspectives of First Nations. He then draws on the insights of philosophers Charles Taylor and James Tully to argue for a new approach to Aboriginal rights, premised on principles of dialogue, recognition and the willingness to engage in an "intercultural journey" in which a middle ground of law, informed by Canadian and indigenous norms,

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23

Koshan, Jennifer. "Doing the "right" thing : aboriginal women, violence and justice." Thesis, 1997. http://hdl.handle.net/2429/6533.

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This thesis focuses on Aboriginal women as survivors of intimate violence, and as participants in debates about justice and rights in the academic, political and legal spheres. While several federal and provincial reports have documented the adverse impact of the dominant criminal justice system on Aboriginal peoples, most of the reports fail to consider the impact of the dominant system, and of reform initiatives on Aboriginal women, who engage with such systems primarily as survivors of violence. Although feminist legal scholars and activists have focused on survivors of violence in cr

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24

Ghitter, Corinne Louise. "Potential value: a challenge to the quantification of damages for loss of earning capacity for female and aboriginal plaintiffs." Thesis, 2000. http://hdl.handle.net/2429/10468.

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This thesis questions why young female and aboriginal plaintiffs consistently receive lower damage awards for loss of future earning capacity than young white male plaintiffs. I argue that due to the social construction of law, and specifically tort law, the dividing line between public and private law should be challenged. The effect of tort is partially "public" in nature due to the broad impact tort has on valuing the potential of individual plaintiffs. When damages for female and aboriginal plaintiffs are assessed on a reduced scale due to gender and race, a message is sent that the

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25

Schlecker, Regan Dawn. "Dreamcatcher 22 : commissions of inquiry and Aboriginal criminal justice reforms." Thesis, 2001. http://hdl.handle.net/2429/11856.

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The last decade has seen the development of an unprecedented profile for aboriginal concerns over the inadequacies of the criminal justice system. This thesis examines the major commissions of inquiry that were established to address criminal justice reforms for aboriginal Canadians. Through a comparison of these inquiries, it is my intention to provide a greater understanding as to why some commissions have had a more positive role to play in initiating policy change, while others have been less than satisfactory in promoting the needs of aboriginal persons. Analysis reveals that commi

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26

Squires, Maurice Alfred. "Liberating our children revisited : what did the aboriginal community ask for in 1991, and what did they get?" 2004. http://hdl.handle.net/1828/421.

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27

Sharma, Parnesh. "Aboriginal fishing rights, Sparrow, the law and social transformation : a case study of the Supreme Court of Canada decision in R. v. Sparrow." Thesis, 1996. http://hdl.handle.net/2429/4659.

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Aboriginal rights, and aboriginal fishing rights in particular, are topics which elicit a variety of responses ranging from the positive to hostile. In British Columbia, fish is big business and it is the fourth largest industry in the province. The stakes are high and the positions of the various user groups and stakeholders are clearly demarcated. The fight over fish has pitted aboriginal groups against other aboriginal groups as well as against the federal government and its department of fisheries and oceans - however, the fight becomes vicious, underhanded, and mean spirited when th

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28

Sandford, Christie. "Kymlicka and the aboriginal right." Thesis, 1996. http://hdl.handle.net/2429/5662.

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This thesis is concerned with two central questions. The first is theoretical and asks, "Can a direct appeal be made to the foundational principles of liberalism to support collective rights?" The second question is practical and asks: "Would such a defense serve the interests of contemporary Canadian Aboriginal claims to special constitutionally recognized collective rights known as the Aboriginal Right?" I utilize Will Kymlicka's defense of minority rights as the theoretical framework in assessing this first question and in assessing the latter, I refer to various reported Aboriginal

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29

Johnston, William Wayne. "Autonomous aboriginal criminal justice and the Charter of Rights." Thesis, 1992. http://hdl.handle.net/2429/3337.

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The imminent recognition of an inherent Aboriginal right to selfgovernment signals the beginning of the reversal of a colonization process which threatened the cultural survival of a people. The Report of the Aboriginal Justice Inquiry of Manitoba , hereinafter referred to as the Inquiry, advocates an autonomous Aboriginal criminal justice system as a significant component of this cultural revitalization. This Aboriginal criminal justice system would differ markedly from the conventional system in giving priority to collective rights over conflicting individual rights. The Inquiry rejec

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30

Brown, C. Rebecca. "Starboard or port tack? : navigating a course to recognition and reconciliation of aboriginal title to ocean spaces." Thesis, 1999. http://hdl.handle.net/2429/5593.

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In British Columbia, fifty-one First Nations have filed Statements of Intent signifying their interest in negotiating a treaty with Canada and the Province of British Columbia since the establishment of the British Columbia Treaty Commission in 1993. Twenty-seven of these First Nations participants claim ocean spaces within their traditional territories. Academic research and writing over the last decade has focussed on Aboriginal title to land, with little, if any reference, to ocean spaces. The concept of Aboriginal title was recently recognized by the courts in Delgamuukw v. British C

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31

Schouls, Timothy A. "Shifting boundaries : aboriginal identity, pluralist theory, and the politics of self-government in Canada." Thesis, 2002. http://hdl.handle.net/2429/13235.

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While Canada is often called a pluralist state, there are no sustained studies by political scientists in which aboriginal self-government is discussed specifically in terms of the analytical tradition of pluralist thought. Aboriginal self-government is usually discussed as an issue of cultural preservation or national self-determination. Aboriginal identity is framed in terms of cultural and national traits that are unique to an aboriginal community and selfgovernment is taken to represent the aboriginal communal desire to protect and preserve those traits. Is such an understanding of w

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