If Australia does choose to go down the path of modern treaty-making then inevitably it will be influenced by the opportunities created and the limitations imposed by the native title system, argues Sean Brennan.

When Parliament enacted the Native Title Act 1993 it left fundamental questions to be resolved by the judiciary. High Court decisions in three test cases in 2002 substantially defined the potential of native title. Proceeding on a mistaken view of Parliament's intention, the court confirmed a doctrine of extinguishment highly destructive of the original rights...

Is 'sovereignty' a roadblock to a modern-day treaty or treaties between Indigenous peoples and the wider Australian community? In this second issues paper from the Centre's Treaty Project, Sean Brennan, Brenda Gunn and George Williams identify the different ways in which the term sovereignty is used. Domestically, it notes the range of Indigenous voices on...

It is not the first time there has been talk of a treaty or treaties between Indigenous peoples and the rest of the Australian community, and this time round the debate has only just begun. The debate has already taken off on a number of fronts. Who will negotiate a treaty or treaties? How long...

This conference paper, from the General Manager Aboriginal & Community Relations Rio Tinto Limited, explores aspects of negotiation between mining companies and Aboriginal Australians.