First Peoples' Laws: Native title, Intellectual Property and Cultural Heritage
Your upfront cost: $0
- 28 Jun 2021
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Upon completion of this subject, students will be able to:
- explain key aspects of Australian law, policy and practice in relation to native title and Indigenous intellectual and cultural property, and the interrelationship between these areas of law;
- critically analyse and evaluate case law, legislation and commentary in relation to native title and Indigenous intellectual and cultural property with reference to international legal frameworks, comparative contexts and Indigenous perspectives;
- evaluate complex legal issues in the context of native title and Indigenous intellectual and cultural property and propose strategies for law reform; and
- demonstrate effective oral and written communication skills and the ability to resolve legal problems.
- Topics will be available to enrolled students in the subjects Learning Management System site approximately one week prior to the commencement of the teaching period.
You must either have successfully completed the following subject(s) before starting this subject, or currently be enrolled in the following subject(s) in a prior study period; or enrol in the following subject(s) to study prior to this subject:
UNE-LAW100-Foundations of Law and UNE-LAW101-Law in Context and UNE-LAW162-Criminal Law, or UNE-LAW312-Criminal and Civil Procedure and UNE-LAW283-Property Law and UNE-LAW102-Legal Professional Skills and UNE-LAW172-Contract Law, or UNE-LAW272-Law of Contract II and UNE-LAW131-Torts Law and UNE-LAW164-Law and First Peoples of Australia ;
Please note that your enrolment in this subject is conditional on successful completion of these prerequisite subject(s). If you study the prerequisite subject(s) in the study period immediately prior to studying this subject, your result for the prerequisite subject(s) will not be finalised prior to the close of enrolment. In this situation, should you not complete your prerequisite subject(s) successfully you should not continue with your enrolment in this subject. If you are currently enrolled in the prerequisite subject(s) and believe you may not complete these all successfully, it is your responsibility to reschedule your study of this subject to give you time to re-attempt the prerequisite subject(s)
Candidature in Bachelor of Laws (4 Years). To enrol in this subject you will need to pass the Prerequisite/s. Please note as UNE results are released after the close of enrolment date, your enrolment into this subject will be withdrawn if you do not pass the prerequisite subject/s.
- EquipmentDetails - Headphones or speakers (required to listen to lectures and other media) Headset, including microphone (highly recommended) Webcam (may be required for participation in virtual classrooms and/or media presentations).
- SoftwareDetails - It is essential for students to have reliable internet access in order to participate in and complete your units, regardless of whether they contain an on campus attendance or intensive school component. For additional information please visit UNE Hardware Requirements: https://www.une.edu.au/current-students/support/it-services/hardware
- OtherDetails -
Textbook information is not available until approximately 8 weeks prior to the commencement of the Teaching period.
Students are expected to purchase prescribed material.
Textbook requirements may vary from one teaching period to the next.
First Peoples’ occupy a unique place in Australia as the traditional owners of land and sea country. There is also growing awareness that First Peoples’ laws, knowledges and cultures make an important contribution to sustainable approaches to natural resource management and caring for country. First Peoples’ ownership and control of their lands, cultural property and knowledges are important human rights recognised in international law, which are essential to the ensuring the cultural, social and economic wellbeing of First Peoples’ communities and achieving social justice. In the Australian context native title, cultural heritage and intellectual property laws have emerged and evolved in recent decades to give expression these rights.
This subject will critically examine the legal frameworks for recognition of First Peoples’ rights with respect to country, culture and knowledge – from First Peoples’, international and comparative perspectives. Knowledge of these legal issues is highly valued for public and private lawyers and solicitors working in a variety of fields including native title and cultural heritage, mining and natural resource management, environmental law, intellectual property, and human rights.
Discussion Forum Participation: Relates to Learning Outcomes 1-4 Research Essay: 2500 words. Relates to Learning Outcomes 1-4 Take Home Exam: 2500 words. Relates to Learning Outcomes 1-4
- Discussion Forum Participation (10%)
- Take Home Exam (40%)
- Research Essay (50%)
Check the learning management system (LMS) of your university for textbook details.