121-226 Native Title

Usually completion of 100 points of first and/or second-year subjects including at least 50 points of first-year level from approved subjects in your home faculty.

In this subject the nature of native title is examined in the context of the Mabo decision. Students are introduced to the basic concepts of native title, the key features of the Native Title Act, the institutions which deal with native title, and new approaches to settling native title issues. A range of legal, anthropological and geographical issues are surveyed through the lens of native title, and students will become familiar with the issues that arise when there is conflict between colonial or postcolonial and customary land tenure systems. Such issues have to do with notions of property and legal recognition of customary laws. In addition to the legal, anthropological and geographical expert literature on native title issues, a range of Indigenous sources of customary law, particularly relating to land tenure, will be provided via a web site created especially for teaching the prescribed set of topics in this subject. Students will be provided with explanatory visual and documentary materials in order to increase their understanding of Indigenous concepts of customary land tenure, the social groups that exercise rights and responsibilities under these systems, and the key issues for Indigenous people in the negotiation of native title rights. Students who complete this subject will gain an understanding of the procedures for lodging and preparing native title claims; the problems associated with proof and management of native title; the human rights standards that underlie native title statutes; and the legal, anthropological, web and other library resources relating to native title issues.

• critically analyse legal, anthropological and geographical literature and visual materials in the context of Native Title;

• comprehend complex concepts and use this knowledge to problem solve in a rational manner;

• employ a range of resources in researching unfamiliar topics including electronic and database formats.

A short exercise of 500 words 10% (due in week 3), an essay of 1500 words 40% (due mid semester) and an essay of 2000 words 50% (due end of semester).