• Semester 1 (External)

Synopsis

This  unit  provides  an introduction to some of the  complexities  in
regard to native title law.

Australia,  unlike  its common law counterparts  such  as  the  United
States of America, Canada or New Zealand has only a very recent  legal
recognition of native title rights and interests.  This area of law is
proving  perplexing  to a wide range of people in Australia  for  very
different  reasons.   One reason is that for two centuries  Australian
jurisprudence did not recognise native title as part of the common law
of  Australia.  Another is that the legislation is prolix.  Another is
that  the  legislation attempts to accommodate what may be  viewed  as
opposing  objects: the recognition and protection of native  title  on
the  one hand, and the validation of its extinguishment on the  other.
Even  more fundamental is the problem of attempting to fit one  system
of law into another.  The commercial implications are wide-ranging and
of   immense   importance  to  both  Indigenous   and   non-Indigenous
Australians.

Both  in  Australia  and  overseas,  judicial  enunciations  point  to
negotiations as a preferred route to litigation.  A further  dimension
is  added  when  it  is  realised that  Australian  municipal  law  is
increasingly reflecting recognition of international law.