Treaty-Making in the Australian Federation

Hobbs, H; Williams, G

Treaty-Making in the Australian Federation

Hobbs, H

Williams, G

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Publisher:: Melbourne University, Law Review Association
Publication Type:: Journal Article
Citation:: Melbourne University Law Review, 2019, 43 (1), pp. 178 - 232
Issue Date:: 2019-09-20

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Field	Value	Language
dc.contributor.author	Hobbs, H https://orcid.org/0000-0001-9903-6908	en_US
dc.contributor.author	Williams, G	en_US
dc.date.issued	2019-09-20	en_US
dc.identifier.citation	Melbourne University Law Review, 2019, 43 (1), pp. 178 - 232	en_US
dc.identifier.issn	0025-8938	en_US
dc.identifier.uri	http://hdl.handle.net/10453/135488
dc.description.abstract	For many generations, Aboriginal and Torres Strait Islander peoples have called for treaties to be negotiated with Australian governments. In the face of Commonwealth inaction, states and territories have commenced treaty processes with Indigenous communities whose traditional lands fall within their borders. This article examines how the United States and Canada have negotiated treaties with Indigenous peoples and details the ongoing Australian processes in order to determine the most appropriate means of entering into treaties in the Australian federation. It concludes that while the state and territory processes are positive and offer the potential to realise valuable outcomes, it is preferable for treaties to be conducted with both federal and subnational governments. This should be undertaken by a Makarrata Commission comprising representatives of Aboriginal and Torres Strait Islander communities and federal, state, and local governments.	en_US
dc.publisher	Melbourne University, Law Review Association	en_US
dc.relation.ispartof	Melbourne University Law Review	en_US
dc.title	Treaty-Making in the Australian Federation	en_US
dc.type	Journal Article
utslib.citation.volume	1	en_US
utslib.citation.volume	43	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	open_access
pubs.consider-herdc	true	en_US
pubs.issue	1	en_US
pubs.publication-status	Accepted	en_US
pubs.volume	43	en_US

Abstract:

For many generations, Aboriginal and Torres Strait Islander peoples have called for treaties to be negotiated with Australian governments. In the face of Commonwealth inaction, states and territories have commenced treaty processes with Indigenous communities whose traditional lands fall within their borders. This article examines how the United States and Canada have negotiated treaties with Indigenous peoples and details the ongoing Australian processes in order to determine the most appropriate means of entering into treaties in the Australian federation. It concludes that while the state and territory processes are positive and offer the potential to realise valuable outcomes, it is preferable for treaties to be conducted with both federal and subnational governments. This should be undertaken by a Makarrata Commission comprising representatives of Aboriginal and Torres Strait Islander communities and federal, state, and local governments.

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http://hdl.handle.net/10453/135488