Markets, Externalities and the Shadow of the Law:A Review of David Ritter's THE NATIVE TITLE MARKET:and CONTESTING NATIVE TITLE

摘要

David Ritter has an enormous breadth of experience in native title. He was the then Justice Robert French's associate during part of his Honour's tenure as the first President of the National Native Title Tribunal. He subsequently spent many years as the Principal Legal Officer at Yamatji Barna Baba Maaja Land and Sea Council, a native title representative body and in private legal practice working on native title matters. Since 1995, he has been a part of the major policy and practice controversies associated with native title law as well as immersed in day to day practice in the native title system. Combining this experience with significant research and reflection, these two volumes provide a valuable longitudinal study of the native title system and raise significant questions about the operation of the system in the future. In doing so, the works enable reflections on the outcomes of the system and make major contributions to both the academic and practice literature on native title. The author unashamedly articulates his position from this experience. This is a significant strength of both books as he regularly refers to his experiences as an advocate for native title claimants.