Undergraduate UNE-LAW364-2021

First Peoples' Laws: Native title, Intellectual Property and Cultural Heritage

Duration

16 weeks

Study method

100% Online

Available loans

FEE-HELP

Assessments

100% online

Prior study

Required

Study terms

28 Jun 2021

The University of New England is the only Australian public university to be awarded the maximum 5 stars for Overall Experience by the Good Universities Guide, 13 years in a row. UNE has delivered distance education since 1955—that’s longer than any other Australian university. Perhaps that’s why students continue to rate UNE so highly for student satisfaction and teaching quality. With over 170 degrees offered online, and more than 20,000 online students, UNE is the expert in online education.

QS RANKING 2021

Times Higher Education Ranking 2021

N/A

Subject details

What you'll learn

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 covered

- 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.

Entry requirements

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 one of

UNE-LAW162-Criminal Law
UNE-LAW312-Criminal and Civil Procedure (No longer available)

and

UNE-LAW283-Property Law

and

UNE-LAW102-Legal Professional Skills

and one of

UNE-LAW172-Contract Law
UNE-LAW272-Law of Contract II (No longer available)

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)

Others

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.

Additional requirements

Equipment requirements - 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).
Software requirements - 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
Other requirements -
Textbook requirements:

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.

Description

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.

Assessments

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%)

Textbooks

Current study term: 27 Jun 21 to 24 Sep 21

Check the learning management system (LMS) of your university for textbook details.

Related degrees

Undergraduate UNE-LLB-DEG-2021

Bachelor of Laws