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Comparative Indigenous Rights (LAWS90127)

Graduate courseworkPoints: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
April
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This highly topical subject analyses the rights of Indigenous peoples in Australia, Canada, the United States and New Zealand. Topics discussed include Aboriginal title and the doctrine of discovery, treaties, land and resource rights, self-determination, and Indigenous families and justice. The subject will be taught from a critical perspective, comparing and assessing the treatment of Indigenous rights in the four jurisdictions. In exploring these issues, the subject will also examine aspects of legal pluralism, and assess a variety of normative and political justifications for Indigenous rights.

Principal topics include:

  • History of the concept of Aboriginal title and the doctrine of discovery
  • Concepts of sui generis agreement-making between Indigenous peoples and governments
  • Implications of distinctions between government obligations and Indigenous rights
  • Overview of current practice
  • Law applicable to Indigenous entities
  • Legal framework for Indigenous governance
  • Human rights and their influence on Indigenous rights
  • Remedies.

Intended learning outcomes

A student who has successfully completed this subject will:

  • Have a broader understanding of the rule of law and its relationship to colonialism in the selected countries
  • Appreciate the sources of Indigenous legal traditions within Indigenous rights, including the development of an appreciation for the role of non-textual materials in understanding law
  • Identify how Indigenous legal traditions can be made more accessible through formal state legal institutions and Indigenous community mechanisms
  • Develop practical reasoning skills necessary to apply Indigenous law to contemporary problems and conflicts
  • Critically and constructively examine tensions between governments and Indigenous communities
  • Have a sophisticated theoretical and doctrinal understanding of each of the topic areas used in the syllabus to explore the relationship between Indigenous peoples' law and formal state law
  • Distinguish and analogize, compare and contrast, the treatment of Indigenous rights in four jurisdictions
  • Understand the relationship of Indigenous rights to property law, contract law, constitutional law and international law.

Last updated: 3 November 2022

Eligibility and requirements

Prerequisites

None

Corequisites

None

Non-allowed subjects

None

Recommended background knowledge

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant's educational background and professional experience.

Inherent requirements (core participation requirements)

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

  • The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
  • The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
  • The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
  • The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
  • The ability to work independently and as a part of a group;
  • The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.

Last updated: 3 November 2022

Assessment

Additional details

Research paper (8,000 - 10,000 words) (100%) (17 July) on a topic approved by the subject coordinator.

A minimum of 75% attendance is a hurdle requirement.

Last updated: 3 November 2022

Quotas apply to this subject

Dates & times

  • April
    Mode of deliveryOn Campus (Parkville)
    Contact hours24-34 hours
    Total time commitment150 hours
    Pre teaching start date 1 April 2019
    Pre teaching requirementsThe pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
    Teaching period29 April 2019 to 3 May 2019
    Last self-enrol date 5 April 2019
    Census date29 April 2019
    Last date to withdraw without fail 7 June 2019
    Assessment period ends17 July 2019

    April contact information

    Lecturer

    Professor John Burrows, Coordinator

    Email: law-masters@unimelb.edu.au
    Phone: +61 3 8344 6190
    Website: law.unimelb.edu.au

Additional delivery details

This subject has a quota of 30 students.

Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.

Students should note priority of places in subjects will be given as follows:

  • To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
  • To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.

Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.

Last updated: 3 November 2022

Further information

  • Texts

    Prescribed texts

    Specialist materials will be made available free of charge from Melbourne Law School prior to the pre-teaching period.

  • Links to additional information

    law.unimelb.edu.au

  • Available through the Community Access Program

    About the Community Access Program (CAP)

    This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.

    Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.

  • Available to Study Abroad and/or Study Exchange Students

    This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.

Last updated: 3 November 2022