Sharing Land and Resources: Modern Agreements and Treaties with Indigenous People in Settler States

SHARING LAND AND RESOURCES: MODERN AGREEMENTS AND TREATIES WITH INDIGENOUS PEOPLE IN SETTLER STATES in SETTLING WITH INDIGENOUS PEOPLE: MODERN TREATY AND AGREEMENT-MAKING, Marcia Langton, Odette Mazel, Lisa Palmer, Kathryn Shain, Maureen Tehan, eds., pp. 1-18, Federation Press, 2006

Posted: 16 May 2008

See all articles by Maureen Tehan

Maureen Tehan

University of Melbourne - Law School

Lisa Palmer

University of Melbourne - Faculty of Arts

Marcia Langton

University of Melbourne - Faculty of Arts

Odette Mazel

University of Melbourne - Faculty of Medicine, Dentistry and Health Sciences; University of Melbourne - Melbourne School of Population and Global Health; University of Melbourne, Law School, Students

Abstract

This first chapter in the book 'Settling With Indigenous People' introduces a collection of interdisciplinary case studies examining the specific cultural context in which local agreement-making proceeds, as well as issues relating to economic development, the creation of economic structures, questions of governance and communication structures.

As former British colonies, Canada, Australia and New Zealand share in the legacies of the English common law, yet its historic application in these different locations can be seen, with hindsight, as haphazard and random. Efforts to comply with legal or moral standards were more often detrimental than beneficial to the rights and interests of the local indigenous people. The collection of case studies shows that, despite the modern legacies of that history, indigenous people and those with whom they are engaged in sharing land and resources are capable of inventing new approaches to these postcolonial problems. Specifically, the case studies focus on how, in postcolonial states, modern agreements and treaties can provide avenues for indigenous and local people to resolve both outstanding historical disputes and those resulting from new developments.

Keywords: indigenous people, land claims, land settlements, mining, negotiation, environmental governance

JEL Classification: K11, K12, K19, K32, K39, Q00, Q32

Suggested Citation

Tehan, Maureen and Palmer, Lisa and Langton, Marcia and Mazel, Odette, Sharing Land and Resources: Modern Agreements and Treaties with Indigenous People in Settler States. SHARING LAND AND RESOURCES: MODERN AGREEMENTS AND TREATIES WITH INDIGENOUS PEOPLE IN SETTLER STATES in SETTLING WITH INDIGENOUS PEOPLE: MODERN TREATY AND AGREEMENT-MAKING, Marcia Langton, Odette Mazel, Lisa Palmer, Kathryn Shain, Maureen Tehan, eds., pp. 1-18, Federation Press, 2006, Available at SSRN: https://ssrn.com/abstract=1133862

Maureen Tehan (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
+61 3 8344 6205 (Phone)
+61 3 9347 2392 (Fax)

Lisa Palmer

University of Melbourne - Faculty of Arts ( email )

Melbourne
Australia

Marcia Langton

University of Melbourne - Faculty of Arts ( email )

Melbourne
Australia

Odette Mazel

University of Melbourne - Faculty of Medicine, Dentistry and Health Sciences ( email )

Australia

University of Melbourne - Melbourne School of Population and Global Health ( email )

4/207 Bouverie Street
Parkville, Victoria
Australia

University of Melbourne, Law School, Students ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria
Australia

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