The article explores the issues of how law and space intersect in the area known as 'The South'. It examines the intersection between 'Northern' traditions of law and space and indigenous Australians experience of this 'history'. These intersections are germane to the question of how living in the South should now be understood in terms of the shape and pattern of legal relations. Ultimately, the question of indigenous and local traditions that form patterns of the lived experience of local peoples is mediated through law, but is not entirely subsumed by Northern law. Spatial and temporal existence is culturally embedded, and Aboriginal experience of time, for example, does not adhere to Northern parameters. Accordingly, the interleaving of law, tradition and 'existence' is played out in various ways in the colonial and postcolonial history of the South. Thus the interaction between the imposed legal concept and process, and that lived experience of the peoples of the South (whether we designate it as 'tradition' or not) is what is at issue in framing responses to the question of what it means to be positioned in the South.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1399188_code427203.pdf?abstractid=1399188&mirid=3

The Invention of Tradition: Property Law as a Knowledge Space for the Appropriation of the South

https://www.in-dev.org/docs/Owen_Kemp-Social-Licence-2012.pdf

Social licence and mining: A critical perspective

https://discovery.dundee.ac.uk/ws/files/21858437/Author_Accepted_Manuscript.pdf

Just transition: Integrating climate, energy and environmental justice

Indigenous health in Australia, New Zealand, and the Pacific

. The persistence of indigenous ontologies rooted in human systems that pre‐date the creation of colonial property rights and assertions of frontier conquest and dispossession unsettles the...

https://www.jstor.org/stable/info/3878377

Rethinking the building blocks: ontological pluralism and the idea of ‘management’

'Honour Among Nations? Treaties and Agreements with Indigenous People' emerges from the growing academic and public policy interest in the area of indigenous peoples, treaties and agreements, challenging readers to engage with the idea of treaty and agreement making in changing political and legal landscapes. 'Honour Among Nations?' contains contributions from both indigenous and non-indigenous authors from Australia, New Zealand, North America and Canada including Marcia Langton, Gillian Triggs, Brad Morse, Paul Chartrand, Joe Williams and Noel Pearson. This book covers topics as diverse as treaty making in New Zealand and British Columbia; land, the law, political rights and indigenous peoples; maritime agreements; Torres Strait Islander self-government; race discrimination in Australia; the Timor Sea Treaty; copyright and intellectual property issues for Aboriginal and Torres Strait Islander authors.

Honour Among Nations? Treaties and Agreements with Indigenous People

This title is a collection of essays on treaties and agreements with Indigenous People. It is an important contribution to international debates on Indigenous peoples' rights. The contributions in 'Honour Among Nations?' describe and analyse a diversity of treaty and agreement-making instances between Indigenous peoples and others in settler states. Drawing on a variety of academic disciplines, legal jurisdictions and contexts, the collection provides a comprehensive overview for readers interested in learning more about new directions in treaties, agreement making and Indigenous public policy and aspirations in settler states. The scope of the collection includes recent cases and historical analyses of past events. The main body of the collection consists of nineteen critical chapters grouped into four main sections. In addition, there is a general critical introduction, and four brief introductions that contextualise each of the volume's sections.

Honour Among Nations?: Treaties and Agreements with Indigenous People

It is 10 years since the Native Title Act 1993 (Cth) was passed in response to the High Court's Mabo decision Those years have been marked by an interplay between the common law and statute Following the High Court's decision in Ward and Yorta Yorta, this interplay has been starkly enunciated and redefined The Act is dominant and the common law has been almost relegated, at least for the moment, to a historical artefact Noel Pearson described the process most dramatically: "Ten years in the sunshine of the Rule of Law was all that black Australians were fated to enjoy" How is it that such a determinate view of the state of native title could be made a mere 10 years after the promise engendered by the Mabo decision? While there is little doubt that the nature of the rights emerging from both the common law and the Act have been significantly diminished by both the Native Title Amendment Act 1998 (Cth) and the recent decisions in Ward, Yorta Yorta and Wilson v Anderson, it is indisputable that the recognition and protection of native title as a result of Mabo provided the underpinning for a realignment of relationships between indigenous and non-indigenous Australians Indigenous rights and interests in land can no longer be ignored or cast aside This article argues that in spite of both legislation and the courts diminishing the concept of native title and the rights associated with it, the process of change unleashed by Mabo and the Native Title Act 1993 (Cth) cannot be reversed The question now is where this process of change will lead

A Hope Disillusioned, an Opportunity Lost? Reflections on Common Law Native Title and Ten Years of the Native Title Act

'Settling With Indigenous People' is an edited collection that describes the making of ten contemporary, mostly Australian, local and regional agreements and details the avenues through which such agreements can be implemented and sustained. The Australian regional agreements concern South West Australia, the Murray-Darling Basin, and Cape York. There is a chapter about the return of the Maralinga lands to its traditional owners and one detailing two local government agreements in central and southwest Australia. Urban agreements in Darwin and Vancouver are compared and there are also chapters on the North West Territories and Northern Quebec in Canada and the Ngai Tahu in the South Island of New Zealand. The discussion addresses governance and leadership, negotiation strategies, including the role of formal negotiating frameworks, the importance of process and outcome, the crucial impact of politics and timing, the significance of private sector engagement, and implementation mechanisms. The chapters show how agreement-making has provided a forum in which indigenous groups can negotiate their needs and aspirations, including fundamental issues of recognition, inclusion and economic opportunity. The authors include indigenous and non-indigenous academics, and others who have been involved in negotiating agreements.

Settling With Indigenous People: Modern Treaty and Agreement-Making

This introductory article to a special issue of the 'Journal of Energy & Natural Resources Law' describes how Australia and other parts of the globe are experiencing an unprecedented boom in the resource extraction sector. In Australia, the sites of resource extraction often coincide with, or are adjacent to, traditional lands of indigenous people or indigenous communities. A similar pattern of co-location occurs in other countries from which case studies in this journal issue are drawn, due to historic patterns of colonial land appropriation and resource extraction. This coincidence presents unprecedented opportunities for indigenous and local peoples to build wealth and promote sustainable social and economic development. Of course 'development' is a highly contested term and the construct has various manifestations at both a global and a local level, with an enhanced emphasis of late on economic empowerment and sustainability. Broadly speaking, across the countries and situations included in this journal issue, there are two parallel legal frameworks that are relevant: first the legal and institutional structures for allocation of mining rights and their associated regimes, and secondly indigenous land and resources regulation and management. Each of these is affected by other regimes and frameworks. Typically it is at the points of intersection between the two major frameworks that recognition and engagement with indigenous interests and local communities are progressively delineated and reworked, particularly in light of the progressive expansion of legal protection for indigenous and local community interests in land and resources over the last decades. These processes of expanding access to land and resources operate in conjunction with the pressures and opportunities introduced by a resource extraction boom, placing a premium on any such access or 'licence to operate'. The discussion of the two parallel frameworks operative in Australia demonstrates this pincer movement. A similar overview of other sites provides further evidence that indigenous and local peoples were disengaged from the resources sector until relatively recently. This examination provides both the contextual and historical background to situate specific articles but also illustrates the potential opportunities and difficulties that current frameworks present for 'accommodating' the participation of indigenous peoples and local communities in the resource extraction process.

Maureen Tehan

Papers

Honour Among Nations? Treaties and Agreements with Indigenous People

Honour Among Nations?: Treaties and Agreements with Indigenous People

A Hope Disillusioned, an Opportunity Lost? Reflections on Common Law Native Title and Ten Years of the Native Title Act

Settling With Indigenous People: Modern Treaty and Agreement-Making

Accommodating Interests in Resource Extraction: Indigenous Peoples, Local Communities and the Role of Law in Economic and Social Sustainability