'Unreasonable and Extraordinary Restraints': Native Title, Markets and Australia's Resources Boom

There are no files associated with this record.

Title 'Unreasonable and Extraordinary Restraints': Native Title, Markets and Australia's Resources Boom
Author O'Faircheallaigh, Ciaran S
Journal Name Australian Indigenous Law Review
Editor Julia Mansour, Luke Taylor
Year Published 2007
Place of publication Sydney
Publisher Indigenous Law Centre, University of New South Wales
Abstract Historically Aboriginal people have had limited capacity to derive economic benefits from mineral development in Australia, reflecting their general economic marginalization and in particular their inability to participate in markets for factors of production (land, labour, minerals) required by the mining industry. The legal recognition of native title and the introduction of cultural heritage legislation could potentially confer on Aboriginal people significant commercial leverage and so allow them to share in the benefits generated by the exploitation of Australia's mineral resources. This paper argues that the nature of native title and cultural heritage legislation, federal government policies, the operation of the National Native Title Tribunal, and recent Federal and High Court decisions on native title, together undermine the ability of Aboriginal people to achieve in practice the commercial leverage potentially available to them. Some Aboriginal organizations are successfully employing political strategies to shore up the economic power of the people they represent, but many are not in a position to do so. I argue that these outcomes are profoundly inequitable in a society where markets play an increasingly dominant role in allocating resources, and run contrary to the thrust of federal indigenous policy which rests heavily on achieving greater Aboriginal participation in the 'real economy'.
Peer Reviewed Yes
Published Yes
Volume 11
Issue Number 3
Page from 28
Page to 42
ISSN 1323-7756
Date Accessioned 2008-02-29
Language en_AU
Research Centre Centre for Governance and Public Policy
Faculty Griffith Business School
Subject Other Policy and Political Science; Public Policy
URI http://hdl.handle.net/10072/18641
Publication Type Journal Articles (Refereed Article)
Publication Type Code c1

Show simple item record

Griffith University copyright notice