This volume on the history of native title in Western Australia includes Aboriginal perspectives on native title, alongside those of oral historians, historians, lawyers and practitioners in the field.

The World Heritage community is currently adopting policies to mainstream human rights as part of a wider sustainability agenda. This interdisciplinary book combines a state of the art review of World Heritage policy and practice at the global level with ethnographic case studies from the Asia-Pacific region by leading scholars in the field. By joining legal reviews, anthropology and practitioner experience through in-depth case studies, it shows the diversity of human rights issues in both natural and cultural heritage sites. From site-designation to their conservation and management, the book explores the various rights issues and analyses the diverse social, cultural and legal challenges and responses at both regional and global level. Detailed case studies are included from Australia, Cambodia, China, Malaysia, Myanmar, Nepal, the Philippines and Vietnam. The book will appeal to both natural and cultural heritage professionals and human rights and heritage scholars, and will serve as a useful compendium for courses use allowing students to compare, contrast and contextualize different contexts.

This book explores the sociopolitical contexts of heritage landscapes and the many issues that emerge when different interest groups attempt to gain control over them. Based on career-spanning case studies undertaken by the author, this book looks at sites with deep indigenous histories. Melissa Baird pays special attention to Uluru-Kata Tjuta National Park and the Burrup Peninsula along the Pilbara Coast in Australia, the Altai Mountains of northwestern Mongolia, and Prince William Sound in Alaska. For many communities, landscapes such as these have long been associated with cultural identity and memories of important and difficult events, as well as with political struggles related to nation-state boundaries, sovereignty, and knowledge claims. Drawing on the emerging field of critical heritage theory and the concept of "resource frontiers," Baird shows how these landscapes are sites of power and control and are increasingly used to promote development and extractive agendas. As a result, heritage landscapes face social and ecological crises such as environmental degradation, ecological disasters, and structural violence. She describes how heritage experts, industries, government representatives, and descendant groups negotiate the contours and boundaries of these contested sites and recommends ways such conversations can better incorporate a critical engagement with indigenous knowledge and agency. A volume in the series Cultural Heritage Studies, edited by Paul A. Shackel

This book provides a unique laboratory of ‘capabilities in practice’ in the Asia-Pacific region. It explores the application of the capability approach in development practice and public policy from a multidisciplinary perspective by bringing together scholars and practitioners from a wide range of disciplinary backgrounds, including development studies, health policy, political science, political theory, political economy, architecture, indigenous studies, urban planning and communication technologies. The first part of the book provides a foundational theoretical framework to introduce the empirical applications of the capability theory in different areas of development practice and public policy in the Asia-Pacific region. This part discusses thorny issues in capability theory and raises the potential for capability theory to lead to new ways of thinking about old problems. The second part discusses the application of the capability approach to intransigent problems of marginalisation and the articulation of public policy in New Zealand and Australia. In particular, this part focuses on the potential implications that a capability-based approach can have on the well-being of indigenous peoples in both countries, as well as children, older renters, and urban dwellers in Australia. The third part elucidates how capability theory is being applied by researchers in the Asia-Pacific region to local issues in developing countries such as Samoa, Vanuatu, Papua New Guinea and Sri Lanka. In doing so, it provides original content to the world market in capability theory by focussing on this often-neglected area of scholarship. As a whole, this volume offers a unique and innovative scrutiny of a multifaceted capability-based analysis of development practice and public policy. The scope and breadth of this volume advance the application of the capability approach and offer an indispensable resource to scholars, researchers, policy makers and policy practitioners interested in the theoretical insights and practical implications of the capability approach.

The Australian Federal Native Title Act 1993 marked a revolution in the recognition of the rights of Australia’s Indigenous peoples. The legislation established a means whereby Indigenous Australians could make application to the Federal Court for the recognition of their rights to traditional country. The fiction that Australia was terra nullius (or ‘void country’), which had prevailed since European settlement, was overturned. The ensuing legal cases, mediated resolutions and agreements made within the terms of the Native Title Act quickly proved the importance of having sound, scholarly and well-researched anthropology conducted with claimants so that the fundamentals of the claims made could be properly established. In turn, this meant that those opposing the claims would also benefit from anthropological expertise. This is a book about the practical aspects of anthropology that are relevant to the exercise of the discipline within the native title context. The engagement of anthropology with legal process, determined by federal legislation, raises significant practical as well as ethical issues that are explored in this book. It will be of interest to all involved in the native title process, including anthropologists and other researchers, lawyers and judges, as well as those who manage the claim process. It will also be relevant to all who seek to explore the role of anthropology in relation to Indigenous rights, legislation and the state.

This book covers a broad spectrum of issues shaping the current paradigm of minerals sector governance. The ultimate aim of the book is to understand trends and developments in mineral law and policy occurring at international, regional, cross-border and in some selected cases at national level and also to identify some of the challenges lying ahead. With these objectives in view, the book brings together a representative selection of the most knowledgeable authors on the subject. The contributions deal with a diverse range of issues tackled from interdisciplinary perspectives. Topics are divided into five main chapters: international and comparative aspects of mineral law; actors and policies in the minerals industry; investment prospects, financial and fiscal issues; sustainable development and regional outlooks. The book aspires to serve as a useful reference for scholars, practitioners, students and all those with an interest in current developments in the areas reviewed. Elizabeth Bastida is the Rio Tinto Research Fellow and the Director of the Mineral Law and Policy Programme at the Centre for Energy, Petroleum, Mineral Law and Policy at the University of Dundee (CEPMLP/Dundee). Thomas W?lde is the Professor of International Economic, Natural Resources and Energy Law and was (until 2001) the Executive Director of CEPMLP/Dundee. He currently runs TWA, his private consultancy firm, which provides advisory services in natural resources and energy law, regulatory reform, investment promotion, state enterprise/agency appraisal and restructuring, privatisation, contract assessment, negotiation and dispute management. Janeth Warden-Fern?ndez is a Research and Teaching Fellow, an advisor of the Mineral Law and Policy Programme and the Manager of the Distance Learning Programme at CEPMLP/Dundee.

This book presents new ways of understanding heritage and heritage work. It addresses the ways physical processes of creation, maintenance and decay are entangled with cultural and political processes of management, access and care. The book analyzes a critical practice of heritage work oriented to recognizing and collaborating with diverse knowledge holders and their practices of caring for heritage. This requires rethinking accepted heritage concepts, such as heritage management, artifact, site and the definition of heritage itself. The book presents an engaging and applied approach to this task through examples that include Majapahit statues and temples in Indonesia, skating in London, an online heritage movement, building bivouacs in Australia, First Nations advocacy for Country and batik collections in the Netherlands. Offering a new model for collaborative heritage research and analysis, this book will be of interest to researchers, students and practitioners. Drawing from developments from the posthumanities, cultural geography and critical heritage studies, it presents a collaborative mode of scholarship and writing that considers how people care for and use the things history leaves them.

Recent years have witnessed a rapid increase in the fields of cultural heritage studies and community archaeology worldwide with expanding discussions about the mechanisms and consequences of community participation. This trend has brought to the forefront debates about who owns the past, who has knowledge, and how heritage values can be shared more effectively with communities who then ascribe meaning and value to heritage materials. Globalization forces have created a need for contextualizing knowledge to address complex issues and collaboration across and beyond academic disciplines, using more integrated methodologies that include the participation of non-academics and increased stakeholder involvement. Successful programs provide power sharing mechanisms and motivation that effect more active involvement by lay persons in archaeological fieldwork as well as interpretation and information dissemination processes. With the contents of this volume, we envision community archaeology to go beyond descriptions of outreach and public engagement to more critical and reflexive actions and thinking. The volume is presented in the context of the evolution of cultural heritage studies from the 20th century “expert approach” to the 21st century “people-centered approach,” with public participation and community involvement at all phases of the decision-making process. The volume contains contributions of 28 chapters and 59 authors, covering an extensive geographical range, including Africa, South America, Central America, Western Europe, Eastern Europe, North America, and Australasia. Chapters provide exemplary cases in a growing lexicon of public archaeology where power is shared within frameworks of voluntary activism in a wide diversity of cooperative settings and stakeholder interactions.

The Environmental Law Toolkit is a community guide to environmental law in New South Wales. It is intended to provide a practical resource for members of the community with an interest in using the law to protect the environment. In particular, this guide covers the following elements of environmental law: environmental planning and assessment; natural resource management; pollution management; biodiversity conservation; and natural and cultural heritage. The guide also includes a chapter on environmental advocacy, covering topics such as: submissions, letters and petitions; using the media; access to information; defamation law and safe speech; incorporating an environmental group; corporations and environmental advocacy; environmental protest and criminal law; and seeking legal advice and representation.

This text sets the standard for researchers working on the difficult issues raised by trade and commerce in indigenous cultural heritage.