Managing Competing Claims to Land and Resources - Does Property Law Promote Sustainability ? A key factor in promoting environmental sustainability is the resolution of competing claims to land and water resources in rural Australia. This project would examine the effectiveness of property law as the major model for resolving conflicts and regulating land and resources. Through overseas and Australian comparative research the project would provide an analysis of alternative legal and instituti ....Managing Competing Claims to Land and Resources - Does Property Law Promote Sustainability ? A key factor in promoting environmental sustainability is the resolution of competing claims to land and water resources in rural Australia. This project would examine the effectiveness of property law as the major model for resolving conflicts and regulating land and resources. Through overseas and Australian comparative research the project would provide an analysis of alternative legal and institutional models of relevance to land and resource management authorities, industry and community groups. It would support the resolution of competing claims through an examination of legal models, which may more effectively promote environmental sustainability.Read moreRead less
DESIGNING LAND ADMINISTRATION SYSTEMS TO SUPPORT MODERN LAND MARKETS. Economies require successful land markets to generate wealth. Our land administration systems are expensive but essential infrastructure for land markets. However, since they were designed 150 years ago, the market has invented complex commodities: time shares, unit and property trusts, financial instruments, mortgage backed certificates, insurance products, options, corporate development instruments, vertical villages, and ....DESIGNING LAND ADMINISTRATION SYSTEMS TO SUPPORT MODERN LAND MARKETS. Economies require successful land markets to generate wealth. Our land administration systems are expensive but essential infrastructure for land markets. However, since they were designed 150 years ago, the market has invented complex commodities: time shares, unit and property trusts, financial instruments, mortgage backed certificates, insurance products, options, corporate development instruments, vertical villages, and more. The project will explain how modern land markets evolved and how land administration systems can be adapted to provide more efficient land trading and better support for trading in new complex commodities. Read moreRead less
Australian Western Desert Kinship and Land Tenure Systems. The project aims to investigate the relationship between kinship and land tenure in Aboriginal Australia in the region between the NT/WA-border and Wiluna and Kalgoorlie following three aspects of group identification and differentiation.
Formal aspects: investigation of kinship terminologies and land tenure systems among the various groups; analysis of the semantic shifts of terms in space according to the diffusion of social categorie ....Australian Western Desert Kinship and Land Tenure Systems. The project aims to investigate the relationship between kinship and land tenure in Aboriginal Australia in the region between the NT/WA-border and Wiluna and Kalgoorlie following three aspects of group identification and differentiation.
Formal aspects: investigation of kinship terminologies and land tenure systems among the various groups; analysis of the semantic shifts of terms in space according to the diffusion of social categories. Pragmatic aspects: analysis of alliance strategies and kin-network in relation to places of birth and ?regional group? membership. Dynamic aspects: examination of the impact of migration and settlement on terminologies, alliance strategies, and land tenure systems.Read moreRead less
A history of terra nullius. The concept of 'terra nullius' has been central to debates concerning the land rights of indigenous peoples. The term, however, has been understood almost in an historical vacuum. Partly in consequence, landmark legal rulings supposedly overturning the doctrine of terra nullius have left European colonisers' justifications of their appropriation of land largely conceptually intact. The central innovation of this history will be to show that when terra nullius, prop ....A history of terra nullius. The concept of 'terra nullius' has been central to debates concerning the land rights of indigenous peoples. The term, however, has been understood almost in an historical vacuum. Partly in consequence, landmark legal rulings supposedly overturning the doctrine of terra nullius have left European colonisers' justifications of their appropriation of land largely conceptually intact. The central innovation of this history will be to show that when terra nullius, properly understood, is rejected in order to establish native title, the implications for the European tradition of property rights and human rights more generally will be profound.Read moreRead less
An Institutional Framework to Facilitate Sustainable and Integrated Natural, Cultural and Built Resources Governance. Effective management of natural and cultural resources for sustainability is an urgent national priority. The laws and policies governing land ownership and use are outdated, complex, disjointed and fail to provide coherent information to decision makers responsible for managing natural and cultural resources. This presents a significant barrier to ensuring sustainable developmen ....An Institutional Framework to Facilitate Sustainable and Integrated Natural, Cultural and Built Resources Governance. Effective management of natural and cultural resources for sustainability is an urgent national priority. The laws and policies governing land ownership and use are outdated, complex, disjointed and fail to provide coherent information to decision makers responsible for managing natural and cultural resources. This presents a significant barrier to ensuring sustainable development of resources jeopardising Australia's future environmental well being. This research aims to be the first to provide a legal and policy framework which integrates land ownership and principles of sustainable development to facilitate greater understanding and management of our environmental and social obligations for future generations. Read moreRead less
The Principles of Proprietary Remedies. Property rights are central to Australia's social fabric and critical to its economy. At this time of financial crisis, when personal bankruptcy and corporate insolvency are on the rise, it is essential to know exactly who owns what, when and why. Yet Australian law is unclear and often inconsistent as to when and why the law imposes property rights in favour of a plaintiff over assets held by a defendant and what those rights should be. This project will ....The Principles of Proprietary Remedies. Property rights are central to Australia's social fabric and critical to its economy. At this time of financial crisis, when personal bankruptcy and corporate insolvency are on the rise, it is essential to know exactly who owns what, when and why. Yet Australian law is unclear and often inconsistent as to when and why the law imposes property rights in favour of a plaintiff over assets held by a defendant and what those rights should be. This project will address this intolerable uncertainty by determining the proper criteria for the conferral of property rights by law.Read moreRead less
HISTORICAL EXPERTS AND INDIGENOUS LITIGANTS: the role of Historical Expert Evidence in Federal Court Cases. Since Mabo, historians are increasingly being called as expert witnesses in cases involving indigenous litigants. Historians perceive serious difficulties in the Court's treatment of qualitative, historical material, resulting in a possible denial of access to justice. The project investigates this treatment, pursuing issues such as expert evidence generally, the specific relationship betw ....HISTORICAL EXPERTS AND INDIGENOUS LITIGANTS: the role of Historical Expert Evidence in Federal Court Cases. Since Mabo, historians are increasingly being called as expert witnesses in cases involving indigenous litigants. Historians perceive serious difficulties in the Court's treatment of qualitative, historical material, resulting in a possible denial of access to justice. The project investigates this treatment, pursuing issues such as expert evidence generally, the specific relationship between Law and History, and the particularity of cases involving indigenous claims. The investigation asks whether historians as expert witnesses can retain both their historical professionalism and adapt to the requirements of the courts, or whether the courts? rules of evidence themselves require adaptation.
Read moreRead less
An Integrated Legal Regime for a Sustainable Carbon Cycle. The reduction of carbon emissions is a priority for governments worldwide. In Australia, the Federal Government is in the process of introducing a carbon emissions reduction scheme. Key elements of that scheme relating to the legal treatment of carbon in all forms relies upon the disparate property law frameworks of the respective States and Territories inherited from England in the 19th Century. The object of this project is to create a ....An Integrated Legal Regime for a Sustainable Carbon Cycle. The reduction of carbon emissions is a priority for governments worldwide. In Australia, the Federal Government is in the process of introducing a carbon emissions reduction scheme. Key elements of that scheme relating to the legal treatment of carbon in all forms relies upon the disparate property law frameworks of the respective States and Territories inherited from England in the 19th Century. The object of this project is to create a consistent and coherent approach to this national (and international) issue to make the operation of any scheme more effective thus leading to a reduction of carbon emissions.Read moreRead less
A matter of history: possession, colonialism and Batman's treaties. Australia continues to be possessed by its dispossession of the Aboriginal owners of this country. Settler Australians declare the past is past but dispossession continues to be a matter of history in another sense. By considering the only treaty ever made between settlers and Aborigines, this research investigates why Aboriginal rights to land were denied by the governments in Australia, and what histories settlers and Aborigin ....A matter of history: possession, colonialism and Batman's treaties. Australia continues to be possessed by its dispossession of the Aboriginal owners of this country. Settler Australians declare the past is past but dispossession continues to be a matter of history in another sense. By considering the only treaty ever made between settlers and Aborigines, this research investigates why Aboriginal rights to land were denied by the governments in Australia, and what histories settlers and Aborigines have told to legitimise their rights to that land. Since the moral basis of any nation lies in true stories, this research seeks to advance a truer history than the ones we have.Read moreRead less
Land, Community and Governance in Rural China. Although China is becoming Australia's largest trading partner, we know too little about the control of land in rural China and the implications for the agricultural economy. Geo-politically, the stability of China is crucial to the region, and many commentators see rural unrest as the greatest threat to the regime. Since disputes over the use and ownership of land are the main source of this instability, providing much-needed information about Chin ....Land, Community and Governance in Rural China. Although China is becoming Australia's largest trading partner, we know too little about the control of land in rural China and the implications for the agricultural economy. Geo-politically, the stability of China is crucial to the region, and many commentators see rural unrest as the greatest threat to the regime. Since disputes over the use and ownership of land are the main source of this instability, providing much-needed information about China's agricultural economy and the potential for political unrest in rural China is directly in Australia's interest.Read moreRead less