Placing Indigenous Rights to Self-Determination in an Ecological Context
In this paper the author focuses on Australian land management and in particular on the environmental management issues that could have been prompted by the High Court recognition in 1996 (in Wik Peoples v. The State of Queensland) that native title to land and pastoral leaseholdings can co-exist. D...
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ftqueensland:oai:eprints.qut.edu.au:9860 2023-06-18T03:39:32+02:00 Placing Indigenous Rights to Self-Determination in an Ecological Context Hocking, Barbara 2002 https://eprints.qut.edu.au/9860/ unknown Blackwell Publishers Ltd doi:10.1111/1467-9337.00203 Hocking, Barbara (2002) Placing Indigenous Rights to Self-Determination in an Ecological Context. Ratio Juris, 15(2), pp. 159-185. https://eprints.qut.edu.au/9860/ Faculty of Law Consult author(s) regarding copyright matters This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the document is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recognise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to qut.copyright@qut.edu.au Ratio Juris Contribution to Journal 2002 ftqueensland https://doi.org/10.1111/1467-9337.00203 2023-06-05T22:24:05Z In this paper the author focuses on Australian land management and in particular on the environmental management issues that could have been prompted by the High Court recognition in 1996 (in Wik Peoples v. The State of Queensland) that native title to land and pastoral leaseholdings can co-exist. Drawing on themes of self-determination and co-existence, the paper looks at more specific topics such as aboriginal title to land—what has been called land rights or native title in Australia—and some implications of that for land, sea and resource management. Central to this analysis are competing theories of Aboriginal land management and links between Aboriginal traditional knowledge and conservation of species. These are illustrated through the marine mammal, the dugong. The Australian debates lead to the Canadian debates and then to Scandinavia and the role of the Sami people in protection and management of the Arctic region. Issues of indigenous self determination inevitably provide an overall theme to these discussions. As a matter of global concern, the paper asks, but does not decide, whether indigenous peoples may manage fragile eco-systems more effectively than outsiders. It maintains that what is important in this context is a broader question. This concerns how culturally inclusive land and resource management can emerge from recognition of indigenous land and human rights and how comparative developments can provide crucial cross-jurisdictional information for future developments and opportunities in the interests of environmental conservation. Article in Journal/Newspaper Arctic sami sami Queensland University of Technology: QUT ePrints Arctic Queensland Ratio Juris 15 2 159 185 |
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Open Polar |
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Queensland University of Technology: QUT ePrints |
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ftqueensland |
language |
unknown |
description |
In this paper the author focuses on Australian land management and in particular on the environmental management issues that could have been prompted by the High Court recognition in 1996 (in Wik Peoples v. The State of Queensland) that native title to land and pastoral leaseholdings can co-exist. Drawing on themes of self-determination and co-existence, the paper looks at more specific topics such as aboriginal title to land—what has been called land rights or native title in Australia—and some implications of that for land, sea and resource management. Central to this analysis are competing theories of Aboriginal land management and links between Aboriginal traditional knowledge and conservation of species. These are illustrated through the marine mammal, the dugong. The Australian debates lead to the Canadian debates and then to Scandinavia and the role of the Sami people in protection and management of the Arctic region. Issues of indigenous self determination inevitably provide an overall theme to these discussions. As a matter of global concern, the paper asks, but does not decide, whether indigenous peoples may manage fragile eco-systems more effectively than outsiders. It maintains that what is important in this context is a broader question. This concerns how culturally inclusive land and resource management can emerge from recognition of indigenous land and human rights and how comparative developments can provide crucial cross-jurisdictional information for future developments and opportunities in the interests of environmental conservation. |
format |
Article in Journal/Newspaper |
author |
Hocking, Barbara |
spellingShingle |
Hocking, Barbara Placing Indigenous Rights to Self-Determination in an Ecological Context |
author_facet |
Hocking, Barbara |
author_sort |
Hocking, Barbara |
title |
Placing Indigenous Rights to Self-Determination in an Ecological Context |
title_short |
Placing Indigenous Rights to Self-Determination in an Ecological Context |
title_full |
Placing Indigenous Rights to Self-Determination in an Ecological Context |
title_fullStr |
Placing Indigenous Rights to Self-Determination in an Ecological Context |
title_full_unstemmed |
Placing Indigenous Rights to Self-Determination in an Ecological Context |
title_sort |
placing indigenous rights to self-determination in an ecological context |
publisher |
Blackwell Publishers Ltd |
publishDate |
2002 |
url |
https://eprints.qut.edu.au/9860/ |
geographic |
Arctic Queensland |
geographic_facet |
Arctic Queensland |
genre |
Arctic sami sami |
genre_facet |
Arctic sami sami |
op_source |
Ratio Juris |
op_relation |
doi:10.1111/1467-9337.00203 Hocking, Barbara (2002) Placing Indigenous Rights to Self-Determination in an Ecological Context. Ratio Juris, 15(2), pp. 159-185. https://eprints.qut.edu.au/9860/ Faculty of Law |
op_rights |
Consult author(s) regarding copyright matters This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the document is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recognise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to qut.copyright@qut.edu.au |
op_doi |
https://doi.org/10.1111/1467-9337.00203 |
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Ratio Juris |
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15 |
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2 |
container_start_page |
159 |
op_container_end_page |
185 |
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1769004265292955648 |