Research issues and discussion papers

We produce issues and discussion papers which provide an in-depth analysis of emerging and contemporary issues. All papers are independently peer reviewed.

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Issues paper

Native Title in Canada and Australia post Tsilhqot'in: Shared thinking or ships in the night?

Simon Young

The legal case Tsilhqot’in Nation v British Columbia marked a departure in judicial thinking about ‘Aboriginal title’ in Canada. This paper explains its significance from both the Canadian and Australian perspectives.
Issues paper

Societies, communities and Native Title

Kingsley Palmer

Anthropologist Kingsley Palmer looks at the juncture of law and anthropology in Native Title cases, in particular how these disciplines use and understand the terms ‘community’ and ‘society’.
Discussion paper

Policy Change and the Indigenous Land Corporation

Patrick Sullivan

This discussion paper investigates changes in policy of the Indigenous Land Corporation from its beginnings in 1995 to the present day. It covers its tighter control of application procedures and its shift in focus to to joint programs with other
Discussion paper

Holding title and managing land in Cape York: Two case studies

Prof Paul Memmott, Peter Blackwood

This paper features two case studies from Cape York and the effective design and operation of Prescribed Body Corporates relating to native title.  It follows on from previous publications on the practical aspects of native title and Indigenous land
Discussion paper

Indigenous epistemology and wellbeing: Universe referent citizenship

Kerry Arabena

This paper considers the potential for wellbeing within the concept of the universe as an 'acceptance of and protection of the welfare of all human beings and nature'. It draws on Indigenous philosophies and ecological knowledge and summarises
Issues paper

Confessions of a native judge: Reflections on the role of transitional justice in the transformation of indigeneity

Chief Judge Joe Williams

Chief Judge Joe Williams, appointed to the Maori Land Court in 1999, talks about transitional justice and reflects on what is common in the Indigenous stories of both Australia and New Zealand.
Issues paper

Impacts and opportunities of climate change: Indigenous participation in environmental markets

Emily Gerrard

For Indigenous Australians, the enormous global problem of climate change is also an opportunity to use traditional knowledge of country in environment based commerce. Author Emily Gerrard explores this challenging dichotomy as well as possible legal
Issues paper

Plus ca change, plus c’est la meme chose?: The 2007 amendments to the Native Title Act

Justice Robert French

This paper focuses on the historical context of the 2007 amendments to the Native Title Act and the court's response to the legislative changes. It also looks at the how court and the National Native Title Tribunal will continue to function
Issues paper

Ethnographic evidence, rights and interests, and Native Title claim research

Lisa Corbellini

A discussion of the relevance of the Native Title statutory framework to ethnographic research. It explores the kind of evidence relevent to anthropologists when researching Native Title claims.
Issues paper

Reforming the claims resolution process: Opportunities and obstacles

Graeme Neate

In 2007 numerous legislative and administrative changes were made to key aspects of the Native Title system. Many of those changes affect how Native Titleclaims are resolved.
Last updated: 05 May 2021