The Issues Papers series is a multi-disciplinary series of short research papers. Issues Papers allow the NTRU to target a number of emerging issues in native title research, reflecting on 'bigger picture' issues in a form that is of high academic quality but in a size and format that is useful to practitioners and researchers.
Papers can be submitted to the editor for consideration, the editor can also invite papers from certain people or on certain topics. Papers are peer reviewed by two independent experts in the area the paper covers.
The papers are available free of charge from our website or in hard copy.
For more information or to subscribe to the Issues Paper series, please contact
the NTRU on 02 6246 1161 or ntru@aiatsis.gov.au
or download the
NTRU Publications Subscriptions form here.
| Paper
Title |
Author |
|
Confessions of a
Native Judge: Reflections on the Role of Transitional Justice in the
Transformation of Indigeneity [ June 2008] |
Chief Judge
Joe Williams
(Volume 3, Number 14) |
|
Impacts and Opportunities of
Climate Change: Indigenous Participation in
Environmental Markets [April 2008]
|
Emily Gerrard
(Volume 3, Number 13) |
|
Plus ca change,
plus c’est la meme chose? -
The 2007 Amendments to the Native Title Act [ February 2008]
|
Justice Robert
French
(Volume 3, Number 12) |
|
Ethnographic evidence, Rights and Interests, and Native Title Claim Research
[September 2007] |
Lisa
Corbellini
(Volume 3, Number 11) |
|
Reforming the Claims Resolution Process: Opportunities and Obstacles
[August 2007] |
Graeme Neate
(Volume 3, Number 10) |
|
Native Title and
Governance: The Emerging Corporate Sector Prescribed for Native Title
Holders [July 2007] |
Jessica Weir
(Volume 3, Number 9) |
|
Jango:
Payment of Compensation for the Extinguishment of Native Title [May
2007] |
Tina Jowett and Kevin Williams
(Volume 3, No.8) |
|
Anthropology and Applications for the Recognition of Native Title [March
2007] |
Kingsley Palmer
(Volume 3, No.7) |
|
Waiting for
Mary: Process and Practice Issues in Negotiating Native Title Indigenous
Decision-making and Dispute Management Management Frameworks [2006] |
Toni
Bauman
(Volume 3, No.6) |
|
Balancing the scales of Indigenous land
justice in Victoria [2006] |
Dr Wayne Atkinson
(Volume 3, No.5) |
|
Native title-holding groups and native
title societies: Sampi v Western Australia [2005] |
Lisa Strelein
(Volume 3, No.4) |
|
White picket fence or Trojan horse? The debate over communal ownership of
Indigenous land and individual wealth creation |
Stuart Bradfield
(Volume 3, No.3) |
|
Whose benefits? Whose rights? Negotiating
rights and interests amongst Indigenous native title parties |
Toni
Bauman
(Volume 3, No.2) |
|
Authorisation and Replacement of
Applicants: Bolton v WA [2004] FCA 760 (15 June 2004) |
Dr
Lisa Strelein
(Volume 3, No.1) |
|
The Recognition
Level of the Native Title Claim Group: A Legal and Policy Perspective |
Daniel Lavery
(Volume
2, No. 30) |
| An
Anthropological Perspective on Writing for the Court |
Katie
Glaskin
(Volume 2, No. 29) |
|
Promoting
Economic and Social Development through Native Title |
The
Aboriginal and Torres Strait Islander Social Justice Commissioner
(Volume 2, No. 28) |
|
Practical
Reconciliation, Practical Re-Colonisation? |
Professor
John Borrows
(Volume 2, No. 27) |
|
Agreeing
to Terms: What is a ‘Comprehensive’ Agreement? |
Dr
Stuart Bradfield
(Volume 2, No. 26) |
| Native
Title and Agreement Making in the Mining Industry: Focusing on Outcomes
for Indigenous Peoples |
Professor
Ciaran O’Faircheallaigh
(Volume 2, No. 25) |
| Beyond
Yorta Yorta (Based on a paper prepared for the AIATSIS Native Title
Conference Alice Springs June 2003) |
John
Basten QC
(Volume 2, No. 24) |
| Indigenous
Pueblo Culture and Tradition in the Justice System: Maintaining Indigenous
Language, Thought and Law in Judicial Review |
Associate
Professor Christine Zuni Cruze
(Volume 2, No. 23) |
| ‘Abandonment’ or
Maintenance of Country? A Critical Examination of Mobility Patterns
and Implications For Native Title |
Dr
Peter Veth
(Volume 2, No. 22) |
| Members
of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58 (12
December 2002) - Comment |
Dr
Lisa Strelein
(Volume 2, No. 21) |
| Negotiating
Comprehensive Settlement of Native Title Issues: Building a New Scale
of Justice in South Australia |
Parry
Agius, Jocelyn Davies,
Ritchie Howitt & Lesley Johns
(Volume 2, No. 20) |
Winning
Native Title: The Experience of the Nharnuwangga, Wajarri and Ngarla
People
Pastoral Access Protocols: The Corrosion of Native Title by Contract |
Michelle
Riley
Frances Flanagan
(Volume 2, No. 19) |
| Diaspora,
Materialism, Tradition: Anthropological Issues in the Recent High Court
Appeal of the Yorta Yorta |
Dr
James F. Weiner
(Volume 2, No. 18) |
| Western
Australia v Ward on Behalf of Miriuwung Gajerrong, High Court of Australia,
8 August 2002: Summary of Judgement |
Dr
Lisa Strelein
(Vol 2, No. 17) |
| The
International Concept of Equality of Interest in the Sea as it Affects
the Conservation of the environment and Indigenous Interests. |
The Hon Sir Anthony Mason AC KBA
(Volume 2, No. 16) |
Preserving
Culture in Federal Court Proceedings:
Gender Restrictions and Anthropological Experts |
Greg McIntyre
& Geoffrey Bagshaw
(Volume 2, No. 15) |
| "Like
something out of Kafka": The relationship between the roles of
the National Native Title Tribunal and the Federal Court in the development
of Native Title practice |
Susan Phillips
(Volume 2, No. 14) |
| Recent
Developments in Native Title Law and Practice: Issues for the High
Court |
John Basten QC
(Volume 2, No. 13) |
| The
Beginning of Certainty: Consent Determinations of Native Title |
Paul Sheiner
(Volume 2, No. 12) |
| Expert
Witness or Advocate? Emerging Issues and Future Directions |
Bruce Shaw
(Volume 2, No. 11) |
| Review
of Conference: Emerging Issues and Future Directions |
Graeme Neate
Vol 2, No. 10) |
| Anthropology
and Connection Reports in Native Title Claim Applications |
Dr Julie Finlayson
(Volume 2, No. 9) |
| Economic
Issues in Valuation of and Compensation for Loss of Native Title Rights |
David Campbell
(Volume 2, No. 8) |
| The
Content of Native Title: Questions for the Miriuwung Gajerrong Appeal |
Gary D Meyers
(Volume 2, No. 7) |
| Local
and ‘Diaspora’ Connections to Country and Kin in Central
Cape York Peninsula |
Benjamin Richard Smith
(Volume 2, No. 6) |
| Limitations
to the Recognition and Protection Native Title Offshore: The Current "Accident
of History |
Katie Glaskin
(Volume 2, No. 5) |
| Bargaining
on More than Good Will: Recognising a Fiduciary Obligation in Native
Title |
Larissa Behrendt
(Volume 2, No. 4) |
| Historical
Narrative and Proof of Native Title |
Christine Choo
& Margaret O'Connell
(Volume 2, No. 3) |
| Claimant
Group Descriptions: Beyond the Strictures of the Registration Test |
Jocelyn Grace
(Volume 2, No. 2) |
| The
Contractual Status of Indigenous Land Use Agreements |
Lee
Godden & Shaunnagh Dorsett
(Volume 2, No. 1) |
| Building
the Perfect Beast: Native Title Lawyers and the Practise of Native
Title Lawyering |
David
Ritter & Merrilee Garnett
(No. 30) |
| The
Compatibility of the Amended Native Title Act 1993 (Cth) with the United
Nations Convention on the Elimination of All Forms of Racial Discrimination |
Darren Dick
& Margaret Donaldson
(No. 29) |
| Cultural
Continuity and Native Title Claims |
Ian Keen
(No. 28) |
| Extinguishment
and the Nature of Native Title, Fejo v Northern Territory |
Lisa Strelein
(No. 27) |
| Engineering
Unworkability: The Western Australian State Government and the Right
to Negotiate |
Anne De Soyza
(No. 26) |
| Compulsory
Acquisition and the Right to Negotiate. |
Neil Löfgren
(No. 25) |
| The
Origin of the Protection of Aboriginal Rights in South Australian Pastoral
Leases. |
Robert Foster
(No. 24) |
| "This
Earth has an Aboriginal Culture Inside" Recognising the Cultural
Value of Country |
Kado Muir
(No. 23) |
| 'Beliefs,
Feelings and Justice' Delgamuukw V British Colombia. A Judicial Consideration
of Indigenous Peoples' Rights in Canada |
Lisa Strelein
(No. 22) |
| A
New Way of Compensating: Maintenance of Culture through Agreement |
Michael Lavarch
& Allison Riding
(No. 21) |
| Compensation
for Native Title: Land Rights Lessons for an Effective and Fair Regime |
J.C. Altman
(No. 20) |
| The
Implications of the Proposed Amendments to the Native Title Act |
Tamara Kamien
(No. 19) |
| The
Proof of Continuity of Native Title (An anthropological
perspective and an historical perspective) |
Julie Finlayson
& Ann Curthoys
(No. 18) |
| Regional
Agreements in Australia: An Overview |
Patrick Sullivan
(No. 17) |
| Racial
Non-Discrimination Standards and Proposed Amendments to the Native
Title Act |
Jennifer Clarke
(No. 16) |
| Neither
Justice nor Workability: the Proposed Amendments to the Right to Negotiate |
Liz Keith
(No. 15) |
| Lighting
the Wik of Change |
by
Mark Love
(No. 14) |
| WIK -
the way forward |
Rick Farley
(No. 13) |
| Co-existence
of Interests in Land: A Dominant Feature of the Common Law |
Maureen
Tehan
(No 12) |
| Raising
Finance on Native Title and other Aboriginal Land |
Joe Nagy
(No. 11) |
| Native
Title and Intellectual Property |
David H Bennett
(No. 10) |
| The
Requirements to be Met by Claimants in Applications for a Determination
of Native Title |
George Irving
(No. 9) |
|
Funding
Aboriginal and Torres Strait Islander Representative Bodies under the
Native Title Act 1993 |
Jon Altman and Dianne Smith
(No. 8) |
| Conflict
in Native Title Claims |
Mary Edmunds
(No. 7) |
| Women
and Land Claims |
Deborah B Rose
(No. 6) |
| Exclusions
Under S26(3) and (4) of the Native Title Act 1993 from the Right to
Negotiate |
Patrick Sullivan
(No. 5) |
| Some
Thoughts on a Proposal to Amend the Native Title Act 1993 |
Michael Maurice QC
(No. 4) |
| Land
and Indigenous Health |
Barbara Flick and Brendan Nelson
(No. 3) |
| Native
Title Corporations |
James S Fingleton
(No. 2) |
|
Pastoral Leases, Mabo and the Native Title Act 1993
Pastoral
Leases, Reservations and Native Title
|
Frank Brennan SJ
Justice R S French
(No.
1) |
