LAW4197 - Current issues in Indigenous rights: International, comparative and regional perspectives - 2019

This unit examines current developments in international and regional instruments and institutions that promote and protect the human rights of indigenous peoples. Comparative perspectives on the rights of indigenous peoples in common law jurisdictions such as Australia, Canada and New Zealand will be discussed. Australia forms the basis of case study. Areas of focus include the definitions of indigenous peoples, the concept of self-determination, collective and individual rights, land and resource rights, civil and political participation, and economic and cultural rights.

Students will be able to:

• identify the key current issues regarding the recognition, protection and enforcement of indigenous rights by way of international and regional law and fora;
• understand the basic parameters of comparative law theory and methodology;
• research the major theoretical and practical issues about indigenous peoples from international, regional and comparative perspectives;
• comment on the prospect for reform of the legal rights of indigenous peoples, in the light of current legislative, judicial, political and comparative developments; and
• present written and oral analysis of complex problems involving indigenous peoples.

1. Literature Exercise (500 words) 10%
2. Examination (take home) 40%
3. Research essay (2,500 words) 50%

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information