The increments of justice: exploring the outer reach of Akiba's edge towards native title 'ownership'
Article
Young, Simon. 2019. "The increments of justice: exploring the outer reach of Akiba's edge towards native title 'ownership'." University of New South Wales Law Journal. 42 (3), pp. 825-868. https://doi.org/10.53637/PZOJ4201
| Article Title | The increments of justice: exploring the outer reach of Akiba's edge towards native title 'ownership' |
|---|---|
| ERA Journal ID | 33965 |
| Article Category | Article |
| Authors | |
| Author | Young, Simon |
| Journal Title | University of New South Wales Law Journal |
| Journal Citation | 42 (3), pp. 825-868 |
| Number of Pages | 44 |
| Year | 2019 |
| Publisher | University of New South Wales |
| Place of Publication | Australia |
| ISSN | 0313-0096 |
| 1447-7297 | |
| Digital Object Identifier (DOI) | https://doi.org/10.53637/PZOJ4201 |
| Web Address (URL) | http://www.unswlawjournal.unsw.edu.au/article/the-increments-of-justice-exploring-the-outer-reach-of-akibas-edge-towards-native-title-ownership/ |
| Abstract | The Torres Strait regional sea claim, culminating in the High Court decision of Akiba v Commonwealth, signalled a new respect for the holistic relationships and dominion that underlay First Peoples’ custodianship of land and waters. The ‘Akiba correction’ centred upon a distinction between ‘underlying rights’ and specific exercises of them – and produced in that case a surviving right to take resources for any purpose (subject to current regulation). The correction emerged from extinguishment disputes, but the significance of this edge towards ‘ownership’ was soon evident in ‘content’ cases on the mainland. Yet there are new challenges coming in the wake of Akiba. What of the many native title determinations that have been settled or adjudicated on pre-Akiba thinking? And what does this renaissance in native title law offer to the communities that will fail (or have failed) the rigorous threshold tests of continuity – also crafted with the older mindset? |
| Keywords | native title, Torres Strait, Akiba, resources, native title determinations |
| Contains Sensitive Content | Does not contain sensitive content |
| ANZSRC Field of Research 2020 | 480604. Property law (excl. intellectual property law) |
| 480299. Environmental and resources law not elsewhere classified | |
| 450599. Aboriginal and Torres Strait Islander peoples, society and community not elsewhere classified | |
| 480302. Comparative law | |
| Public Notes | File reproduced in accordance with the copyright policy of the publisher/author. |
| Byline Affiliations | School of Law and Justice |
| Institution of Origin | University of Southern Queensland |
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