|Native Title Law, Policy and Practice - LAWS8212|
Since the Mabo decision in 1992, native title has emerged as a complex and controversial area of law and policy. This course will offer three main things. At a technical level, we will break down that complexity by isolating the main elements of native title law (the requirements to prove a native title claim, the nature of the property right, extinguishment, future acts, interaction with State laws etc.), in each instance examining the basic legal principles and how they translate into specific detail. Secondly, because native title law is shaped by broader forces, we will take account of the surrounding politics and policy debates. Thirdly, we will draw on experience with the practical operation of the Native Title Act to probe the relationship between the law as written and the reality on the ground.
The course will next be offered in Summer Session January 2014.
Recommended Prior Knowledge
No prescribed prior knowledge, but a basic working knowledge of concepts in property and constitutional law will assist.
Each time the course is offered, revised volumes of photocopied materials are prepared for student use. These can be purchased from the UNSW Bookshop. Participants need to read each topic bundle in advance of the relevant class.
Refer to Course Outline for a full list of resources.