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| participants: garth nettheim | | | | Garth Nettheim
Emeritus Professor
Faculty of Law
University of New South Wales
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Research Projects
1999 - a 3-year Collaborative Research Project was funded by ARC. Industry partner was the National Native Title Tribunal. The report was published as: Garth Nettheim, Gary D Meyers and Donna Craig INDIGENOUS PEOPLES AND GOVERNANCE STRUCTURES. A COMPARATIVE ANALYSIS OF LAND AND RESOURCE MANAGEMENT RIGHTS (2002, Aboriginal Studies Press, Australian Institute of Aboriginal and Torres Strait islander Studies, Canberra).
Significant contributions to this research
I introduced the teaching of Human Rights Law to the curriculum of the Law School of the University of New South Wales in 1975. I consolidated the incorporation into the curriculum, after 1979, of specialised subjects relating to Indigenous legal issues.
A significant contribution spanning both fields has been to apply human rights standards to the position of Aborigines and Torres Strait Islander peoples in Australia. This has been done through submissions to parliamentary inquiries, and in a number of books and articles and conference papers. Books (and edited conference proceedings) that have undertaken such analyses include:
Nettheim,OUT LAWED. QUEENSLAND'S ABORIGINES AND ISLANDERS AND THE RULE OF LAW (1973)
Nettheim (ed),ABORIGINES, HUMAN RIGHTS AND THE LAW (1974)
Nettheim, VICTIMS OF THE LAW. BLACK QUEENSLANDERS TODAY (1982)
Nettheim (ed), HUMAN RIGHTS FOR ABORIGINAL PEOPLE IN THE 1980S (1983)
In addition I was a co-founder (in 1981) and long-time acting Director of the Indigenous Law Centre; co-founder (in 1986) and initial, and curent, Chair of the Australian Human Rights centre; and co-founder (in 1989) and initial Chair of the Diplomacy Training Program. The latter program trains personnel from non-government organisations in human rights standards and procedures, and in the skills needed to make effective use of the international human rights system.
Refereed publications in the past five years
'"Retreat from Injustice": The High Court of Australia and native Title', chapter 9 in M Gibney and S Frankowski (eds) JUDICIAL PROTECTION OF HUMAN RIGHTS. MYTH OR REALITY? (1999, Praeger) 163.
'Reconciliation and the Constitution', in REQUIREMENTS OF JUSTICE: LEGAL PERSPECTIVES ON RECONCILIATION, University of New South Wales law Journal, Forum (1999) 17; republished in (1999) 22(2) UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL 625
'Statehood, land rights and Aboriginal law' in J C Altman, F Morphy and T Rowse (eds) LAND RIGHTS AT RISK? EVALUATING THE REEVES REPORT (1999, CAEPR, ANU) 89
'Aboriginal Constitutional Conventions in the Northern Territory' (1999) 10(1) PUBLIC LAW REVIEW 8
'Building on Kalkaringi', (1999) 4(18) INDIGENOUS LAW BULLETIN
'The Search for Certainty and the Native Title Amendment Act 1998 (Cth)' (1999) 22(2) UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL 564
'Malaysia's Mabo Case' (2000) 4(28) INDIGENOUS LAW BULLETIN 20
'Recognition of Indigenous Rights: American Law, Australian Law and International Law" in C Sampford and T Round (eds) BEYOND THE REPUBLIC. MEETING THE GLOBAL CHALLENGES TO CONSTITUTIONALISM (2001, Federation Press) 241
'The Practical Relevance of International Law, CERD, and the UN Draft Declaration on the Rights of Indigenous Peoples" in B Keon-Cohen (ed) NATIVE TITLE IN THE NEW MILLENNIUM (2001, NTRU, AIATSIS, Canberra) 391
'Reconciliation: Challenges for Australian Law", (2001)7(1) AUSTRALIAN JOURNAL OF HUMAN RIGHTS 47
'Indigenous Australian Constitutions" (2001) 24(3)UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL 840
'Making A Difference: Reconciling Our Differences" (2001 Sir Ninian Stephen lecture) (2001)5(1) NEWCASTLE LAW REVIEW 3
'Burma: International Perspectives" (2001)10(2) HUMAN RIGHTS DEFENDER 5
'Mabo" and "Wik", entries in T Blackshield, M Coper and G Williams (eds) THE OXFORD COMPANION TO THE HIGH COURT OF AUSTRALIA (2001, Oxford) 446, 711
(with Richard Chisholm) UNDERSTANDING LAW (6th ed, 2002, LexisNexis Butterworths, Sydney)
(with Heather McRae, Laura Beacroft and Luke McNamara), INDIGENOUS LEGAL ISSUES. COMMENTARY AND MATERIALS (3 ed, 2003, Lawbook Co, Sydney)
Ten Career-best publications
'The Power to Abolish Appeals to the Privy Council from Australian Courts" (1969) 39 AUSTRALIAN LAW JOURNAL 39
'Dunn v The Queen Revisited" (1973) CAMBRIDGE LAW JOURNAL 253
'Open Justice and State Secrets" (1985) 10 ADELAIDE LAW REVIEW 218
'Chisholm and Nettheim, UNDERSTANDING LAW (6 ed, 2002)
'McRae, Nettheim, Beacroft and McNamara, INDIGENOUS LEGAL ISSUES. COMMENTARY AND MATERIALS (3 ed, 2003)
'Nettheim, Meyers and Craig, INDIGENOUS PEOPLES AND GOVERNANCE STRUCTURES (2002)
'Justice and Indigenous Minorities: A New Province for International Law and National Law' in A R Blackshield (ed.) LEGAL CHANGE. ESSAYS IN HONOUR OF JULIUS STONE (1983)
'Regional Structures in the South Pacific' in P Hyndman (ed) CONFERENCE ON THE PROSPECTS FOR THE ESTABLISHMENT OF AN INTER-GOVERNMENTAL HUMAN RIGHTS COMMISSION IN THE SOUTH PACIFIC (1985)
'"Peoples" and "Populations" - Indigenous Peoples and the Rights of peoples' in J Crawford (ed) THE RIGHTS OF PEOPLES (1988)
'Mabo and Indigenous Political Rights: The Potential for Inherent Rights and Aboriginal Self-Government' in W Sanders (ed) MABO AND NATIVE TITLE: ORIGINS AND INSTITUTIONAL IMPLICATIONS (1994)
Teaching Programs
Despite early retirement, I continue to teach in the faculty of Law at the University of New South Wales. In 2002 I was Distinguished Visiting Professor in the Indigenous Peoples Law and Policy (IPLP) program at the Law School, University of Arizona. I have also taught at Warwick University School of Law. And I am developing relations in various ways with the University of Victoria, BC, Canada.
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This report has been make possible due to the generous support of the Australian Research Council, and Curtin University of Technology
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