LAW5499 · First people treaties

Overview

This unit is organised around five interconnected themes. It opens by examining the concept of modern domestic treaties between states and Indigenous peoples; interrogating how such instruments are defined, their legal status within domestic and international law, and the theoretical frameworks of sovereignty and self-determination that underpin them. The unit then situates Australian developments within a global context through an overview of North American treaty-making, tracing the history of treaty relations with Indigenous nations in Canada and the United States from early colonial compacts through to contemporary land claim agreements and self-government arrangements, and drawing lessons from both their achievements and their limitations. You will then undertake a focused study of the Treaty of Waitangi, examining its contested text and translation, its evolving interpretation by the courts and the Waitangi Tribunal, and its role as a living constitutional document in Aotearoa New Zealand's legal order. The unit then turns to the history of treaty advocacy in Australia, charting the long arc of First Nations demands for formal recognition — from the 1979 Aboriginal Treaty Committee through to the Uluru Statement from the Heart — and analysing why Australia has historically resisted what comparable nations have embraced. Finally, you will engage in depth with the law and practice of state wide and local treaties in Victoria, examining the legislative architecture of Victoria's Treaty process, the role of the First Peoples' Assembly and the Treaty Authority, the Yoorrook Justice Commission's findings, and the practical and jurisprudential questions that formal negotiations will raise for lawyers advising governments, communities and individuals alike.

Offerings

Assessment

The Handbook does not list a final examination among the assessment items. That is not a guarantee there is none.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

The Handbook lists no prerequisite, corequisite or prohibition for this unit.

Learning outcomes

1. Demonstrate understanding of the history and practice of domestic treaties with First Peoples in various jurisdictions.
2. Analyse and evaluate the mechanisms and legal principles underpinning processes of First Peoples treaty negotiations and implementation in various jurisdictions.
3. Conduct research, evaluate and synthesise complex information in order to respond to complex issues relating to First Peoples treaties law and practice.
4. Communicate effectively, appropriately and persuasively in various forms.

Workload

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Student experience, not official rules. Nothing here changes what the Handbook says.