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LA4035:03

Native Title Law and Policy

Townsville, Cairns

HECS Band 3

26 hours lectures, 12 hours tutorials. Semester 2.

Staff:

Professor P Havemann.

The subject provides an introduction to, and analysis of the law and policy relating to native title and Indigenous peoples' rights under international and national law. The overall focus is on native title law and policy in Australia after Mabo (2) 1992 under the Native Title Acts and the relevant jurisprudence from Canada, New Zealand, the USA, Scandinavia, Papua New Guinea and Fiji and other jurisdictions in the South Pacific and Southeast Asia. Detailed attention is paid to: the concept of native title, customary law and treaty rights; legal institutions and processes for negotiation, future dealings, mediation, determination and extinguishment of native title; Indigenous self-determination and governance.

Learning Objectives:

to enable students to understand the character of native title and how it is negotiated, determined, extinguished and enjoyed in Australia;

to introduce students to the field of Indigenous rights generally, and specifically native title rights, and enable them to analyse native title in international, comparative, historical and public policy terms;

to enable students to comprehend the inter-connectedness of legal doctrine and state practice on native title, aboriginal title and Indigenous peoples' rights across common law jurisdictions;

to enable students to critique the law, policy and processes relating to the recognition of Indigenous peoples' native title rights in the context of international human rights norms.

Assessment by end-of-semester examination (40%); presentations (10%); essays (40%); essay proposal and presentation (10%).