Native title corporations : a legal and anthropological analysis /

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Bibliographic Details
Author / Creator:Mantziaris, Christos.
Imprint:Sydney : Federation Press, 2000.
Description:xxxiv, 366 p. ; 25 cm.
Language:English
Subject:
Format: Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/4366445
Hidden Bibliographic Details
Other authors / contributors:Martin, David.
National Native Title Tribunal (Australia)
ISBN:1862873720
Notes:"Published in co-operation with: National Native Title Tribunal"--t.p. verso.
Includes bibliographical references and index.
Table of Contents:
  • Part 1. The Character Of The Title
  • Native Title: The Product of a Recognition Space Native title as a recognition technique
  • Recognition and the property law focus
  • The native title recognition space Contested meanings attributed to the recognition space
  • The definition of native title Recognition and Incommensurability of systems of meaning Aspects of Native Title Content Native title is non-uniform Native title is communal Native title is inalienable Native title is subject to future extinguishment
  • The sui generis rights formula Reason by analogy to the familiar ('bundle of rights' etc)Litigation contexts in which content is declared Procedural context and form of the determination
  • Identification of the native title group
  • Recognition of native title sub-groups
  • The specificity with which native title rights and interests are stated
  • Evolution in the system of traditional law and custom
  • Part 2. The Legal Framework For Title Management
  • Overview of the Title Management System
  • The role of various legislative and private instruments
  • The prescribed body corporate determination Prescribed characteristics of the native title corporation
  • Overview of the functions of the native title corporation Protection of the native title
  • Salient features of the incorporation statute Legislative Policy
  • The incorporation impasse Policy foundations of the title management system
  • The legislative objectives Overview of the legislative history
  • The choice between individual and collective title-holding Parliament's view of the relationship between group and corporation
  • Responsibility for institutional design
  • The Proliferation of legal relations between group and corporation
  • The 'juridification' of indigenous relations Title management and the Racial Discrimination Act
  • The main policy challenges
  • The Trust or Agency Relationship Construction of the trust or agency relationship Character of the legal interests of group members Duties of the statutory trustee and agents Jurisdiction over matters arising under the statutory relationships
  • The corporation and the declaration of traditional law and custom Identifying native title group members
  • Identifying native title rights and interests May benefits be distributed without reference to law and custom?
  • Judicial administration of the statutory trust or agency
  • The Corporation Foundational problems of the corporate law relationship
  • The cultural specificity of the corporate governance model
  • The governance structure of the ACA Act corporation Membership of the corporation
  • The general meeting The board and its duties Corporate reporting
  • The regulator's functions and powers Administration, winding-up and native title management
  • Defective corporate transactions
  • Corporate capacity
  • Corporate authority Breach of consent and consultation procedures Accommodating internal group differentiation Administrative discretion in the incorporation process
  • The registrar's protective jurisdiction Available 'self-help' techniques for securing board representationIs another incorporation statute more appropriate?
  • Corporate Activity in the Pre-Determination Period Incorporation in anticipation of a native title determinationLegal problems encountered by pre-determination corporations
  • Native title application by corporations Liability for non-ILUA pre-incorporation obligations
  • The political and economic context of ILUAs
  • The binding effect of an ILUA: a deviation from contract lawLegal certainty and transaction performance distinguishedCorporation or contract? the politics of choice
  • The management of mixed obligations and benefit streams
  • Part 3. A Design Process For Native Title Institutions
  • Introduction to the Institutional Design Process
  • Circumstances and Institutional Setting of the Native Title Group Broad socio-economic and socio-cultural characteristics of the group 'Structural' features of the native title group
  • Goals and aspirations of the group Indigenous orga