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Reconciling Sovereignties over Sea Country in the Northern Territory

Author

ISBN

9781760024314

Publication date

12/03/2024

Format

Hardback

AUD $145.00 gst included

Coming soon...

The Blue Mud Bay Case, handed down by the High Court in 2008, was a historic decision that granted the strongest Aboriginal rights over sea country in Australia. After the Blue Mud Bay Case was handed down, the NT Government and Traditional Owners agreed that the best way to move forward was to negotiate how the relevant sea country would be governed. The pre-history and aftermath of the Blue Mud Bay Case reveals a series of evolving interactions between Indigenous and settler-state assertions of sovereignty in sea country. This book analyses five historical and contemporary episodes and demonstrates that the protracted nature of the Blue Mud Bay negotiations has been caused by the underlying struggle of the settler-state to acknowledge the challenge to the settler-state’s assertions of authority over sea country.

Introduction
Chapter 1 Reconciling Sea Country and Marine Sovereignties
Chapter 2 Defining Assertions of Sea Country and Marine Sovereignty
Chapter 3 From Land Right to Sea Rights
Chapter 4 ‘Control of Entry onto Seas Adjoining Aboriginal Land’ – Sea Closures and the Meaning of Control
Chapter 5 Post-Sea Discussions and Prioritisation of Third-Party Interests in Yarmirr HCA
Chapter 6 The Legal Turning Point on Exclusive Rights – The Blue Mud Bay Case
Chapter 7 Post-Blue Mud Bay Case Negotiations – Context
Chapter 8 Relationships and Bargaining Chips – The Four Eras of the Blue Mud Bay Negotiations
Chapter 9 Beyond the Blue Mud Bay Negotiations: Contemporary Governance Approaches to the New Paradigm
Conclusion

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