A Hope Disillusioned, an Opportunity Lost? Reflections on Common Law Native Title and Ten Years of the Native Title Act

Is Psychoanalysis Universal? Politics, Desire, and Law in Colonial Contexts

“…This is specifically because of Australia's recent history as an internationally sanctioned nation. The nation called “Australia” is a recent invention which enjoys legitimacy as a nation‐state because of the “success” of invasion and then of genocide by the British, commencing in 1788, and the subsequent nullification of a history of that “invasion” as a history of “settlement.” Few nonindigenous people, both domestic and international, doubt any longer the violence of colonization—even if they doubt their responsibility for that act, or the need to use the term “invasion.” What was called “ terra nullius ” [empty land] that supposedly allowed the British to settle rather than invade was forcefully denounced by the High Court of Australia in what is known as the Mabo(2) case of ; a case which received ferocious public attention because of its evocation of both the question of “ownership” of land and of genocide (Rush, ; Tehan, ).…”

“…12 Few nonindigenous people, both domestic and international, doubt any longer the violence of colonization-even if they doubt their responsibility for that act, or the need to use the term "invasion." 13 What was called "terra nullius" [empty land] that supposedly allowed the British to settle rather than invade was forcefully denounced by the High Court of Australia in what is known as the Mabo(2) case of 1992; a case which received ferocious public attention because of its evocation of both the question of "ownership" of land and of genocide (Rush, 1997;Tehan, 2003).…”

“…I have developed this idea in more depth inRogers (2013).18 AsTehan (2003) writes so succinctly "Land is at the centre of the discordant and legally-endorsed relationship of dispossession that marks the landscape of settler societies" (p. 523). Later work byWolfe (2014) substantiates this in multiple colonial jurisdictions.…”

Modernising Water: Articulating Custom in Water Governance in Australia and East Timor

“…for domestic and subsistence purposes only. But uncertainty about the extent and nature of native title rights remains high and there have been few achievements in the process (Strelein, 2004;Tehan, 2003).…”

Three Sorries and You’re In? Does the Prime Minister’s Statement in the Australian Federal Parliament Presage Federal Constitutional Recognition and Reparations?

“…2) 40 in 1992 held significant potential to promote Indigenous rights and self-determination. However, it is widely acknowledged that the full potential for this has as yet not 36 been realised and that with the enactment of the Native Title Act 1993 (Cth) there was a sustained and targeted political attempt at winding back some of the 'promise of Mabo' (Tehan 2003).…”