Treaty: Indigenous-settler Agreements (LAWS90191)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
Semester 2
Teaching staff:
Shaun McVeigh (Subject Coordinator)
Jaynaya Dwyer
Marcus Stewart
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | Semester 2 |
|---|---|
| Fees | Look up fees |
Treaties are negotiated agreements between nations and peoples. In this subject we address treaty-making as a practice of comparative law and agreement-making between Indigenous nations and settler institutions. We will interrogate the comparative law, policy, theory and history of agreement-making in settler states. The subject aims to equip students with a sound understanding of the historical and contemporary challenges that attend the Indigenous-settler legal relationship, and an understanding of what is required if Indigenous-settler agreements are to be legitimate and robust.
Indicative list of principal topics:
- the history and experience of treaty and agreement-making in Australia; with comparisons drawn to other settler colonial jurisdiction, especially New Zealand, Canada and the United States;
- the movement in Victoria towards the conclusion of a treaty between the Crown in right of Victoria and Victorian Aboriginal peoples;
- the design of Indigenous representative institutions;
- Historic treaties and applicable law in New Zealand, Canada and the United States;
- Indigenous-settler agreement-making in property law (for example Indigenous Land Use Agreements, and the design and operation of Native Title Registered Bodies Corporate);
- Indigenous-settler agreement-making in social policy and service delivery sectors, natural resource management, and in environmental law and policy;
- the relevance and impact of international law on agreements, including the UN Declaration on the Rights of Indigenous Peoples and ILO Convention 169 on Tribal and Indigenous Peoples.
Intended learning outcomes
On completion of this subject students should have developed:
- An advanced and integrated understanding of the legal principles and mechanisms that can be used to design, maintain and implement Indigenous-settler agreements and institutions in this emerging field of law and practice
- The capacity to critically examine, analyse, interpret and assess the effectiveness of these legal rules and mechanisms
- The skills to compare and contrast legal approaches to Indigenous-settler agreement making in Australia and other settler states
- The communication skills to clearly articulate and convey complex information regarding Indigenous agreements and institutions to relevant specialist and non-specialist audiences, and to contribute to constructive public and scholarly debates on these issues
- The skills to engage effectively in debate regarding different approaches to Indigenous settler agreement-making and Indigenous institutional design
- The cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to Indigenous-settler agreement-making across a range of public and private law settings
Generic skills
On completion of the subject, students should have developed the skills necessary to:
- Develop arguments as to the appropriate legal principles to apply in various contexts by critically evaluating Australian law applying to Indigenous-settler agreements and institutions;
- Identify and resolve complex legal problems involving Indigenous-settler agreements and Indigenous institutions by developing creative solutions that demonstrate professional judgment;
- Apply the relevant legal principles to a range of fact situations and contexts in which Indigenous-settler agreements are debated by drawing on comparative and international legal materials;
- Conduct self-directed research on topics relevant to this complex field of law in written work showing evidence of critical thought, sophisticated analysis, self-reflection and rigorous argumentation;
- Present arguments in the form of written work that is clearly written, and in which arguments and clams are appropriately structured, developed, supported and referenced.
Last updated: 4 March 2025
Eligibility and requirements
Prerequisites
Admission into the MC-JURISD Juris Doctor
AND
All of
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
| LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
| LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
| LAWS90140 | Disputes and Ethics | Semester 2 (On Campus - Parkville) |
12.5 |
| LAWS50031 | Legal Theory |
Semester 2 (On Campus - Parkville)
November (On Campus - Parkville)
|
12.5 |
Corequisites
None
Non-allowed subjects
None
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Research essay
| End of the assessment period | 100% |
Additional details
The due dates of assessment will be made available to students on the Assessment Schedule on the Juris Doctor Canvas LMS Community. Note, these are updated regularly.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- Semester 2
Principal coordinator Shaun McVeigh Coordinators Marcus Stewart and Jaynaya Dwyer Mode of delivery On Campus (Parkville) Contact hours 36 Total time commitment 150 hours Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 28 July 2025 to 26 October 2025 Last self-enrol date 8 August 2025 Census date 1 September 2025 Last date to withdraw without fail 26 September 2025 Assessment period ends 21 November 2025 Semester 2 contact information
Teaching staff:
Shaun McVeigh (Subject Coordinator)
Jaynaya Dwyer
Marcus StewartFor current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has an enrolment quota. Please refer to the Juris Doctor enrolment webpage for further information about re-enrolment and subject quotas. Melbourne Law School may reserve places in a subject for inbound study abroad and exchange students.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
- Links to additional information
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025