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Over the last decade, Australian governments have introduced a series of land reforms in communities on Indigenous land. This book is the first in-depth study of these significant and far reaching reforms. It explains how the reforms came about, what they do and their consequences for Indigenous landowners and community residents. It also revisits the rationale for their introduction and discusses the significant gap between public debate about the reforms and their actual impact. Drawing on international research, the book describes how it is necessary to move beyond the concepts of communal and individual ownership in order to understand the true significance of the reforms. The book's fresh perspective on land reform and careful assessment of key land reform theories will be of interest to scholars of indigenous land rights, land law, indigenous studies and aboriginal culture not only in Australia but also in any other country with an interest in indigenous land rights.
This book provides a comprehensive resource for accommodating and pursuing Indigenous perspectives in legal education. The book is divided into three sections. The first section highlights the continuing issues that Indigenous people face in law schools and universities, including the ongoing impacts of colonisation and intergenerational trauma, institutional racism and exclusion. This section also includes chapters that explore arguments for the recognition of Indigenous legal knowledge and of the impact of settler law, and the incorporation of Indigenous concepts, laws and ways of thinking about settler law across the curriculum. The second section explores how Indigenous ways of reading a...
This book examines how litigation over climate change shapes the choices of governments, corporations and the public regarding mitigation and adaptation.
Through a mix of thematic chapters and case studies, this book offers an analytical approach to developing legal responses which will ensure the needs of present and future generations can be met through energy systems, infrastructure development, and natural resources management in times of increasingly frequent and disruptive nature-based events.
States, corporations, and other actors worldwide have committed to measures aimed at bringing down global emissions to net zero by the year 2060 or earlier. While the need for a clean energy transition is clear, incoherently designed transition programs can pose complex environmental, social, and governance risks, including legal liability and protracted disputes. At the same time, the rush for minerals needed to manufacture clean energy technologies raises fundamental questions–most crucially, how to ensure the exploration and development of energy transition minerals in a manner that does not exacerbate resource conflicts, resource nationalism, human rights violations, protectionism, ene...
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