LA4035 - Native Title Law and Policy
| Credit points: | 03 |
| Year: | 2008 |
| Student Contribution Band: | Band 3 |
| Administered by: | School of Law Office |
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 Outcomes
- 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;
- 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.
| Prerequisites: | [(LA1101 and LA1102 and LA1103 and LA1104) or (LA1007 and LA1006) or LA1002] and (LA2015 or LA2003) |
Availabilities | |
| Cairns, Block, Study Period 8 | |
| Census Date 05-Sep-2008 | |
| Face to face teaching 28-Jul-2008 to 01-Aug-2008 (5 days teaching.) | |
| Contact hours: |
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| Assessment: | end of semester exam (40%); presentations (10%); essays (40%); essay proposal and presentation (10%). |
Note: Minor variations might occur due to the continuous Subject quality improvement process, and in case of minor variation(s) in assessment details, the Subject Outline represents the latest official information.