Nature as Other: The Legal Ordering of the Natural World: Natural Heritage Law and Its Intersection With Property Law and Native Title

摘要: This thesis argues that the legal ordering of natural environment represents a culturally contingent 'order things'. Within this process categorisation, Nature is constructed as an 'other' to human subject. opposition allows nature be conceived either object control, found in property law, or wilderness preserved apart from society. latter view implicit principles informing early environmental laws for protection heritage international law and within Australia. More recently, distinctively western has been challenged more inclusive include concepts incorporate interaction with environment. In making argument, adopts theoretical framework derived Foucault's 'Order Things'. Modem understanding directly informed by science. Scientific discourses, origins Enlightenment, have extremely influential determining context, provides overview conceptual shift pre-scientific, organic conception relationship between people people/nature dichotomy persists nature/culture meta-narrative modern The rise holistic environment, based ecological principles, only partially displaced view. also examines manner which constitutes 'proper' order world culture. bundle rights concept, conceptions property, finds resonances scientific world. particular, replicates subject /object distinction central thought. positing control through resilient It contributed instrumental perception Indeed, concept was way 'constructing' Australian at colonisation well into twentieth century. initial designation Australia 'terra nullius' allowed received English form template occupation British civilisation. second half 20th century ideal, concert 'balance' concepts, gained currency domestic foundation heritage. Natural high profile aspect Thus World Heritage Convention assumed importance due specific historical, political constitutional factors. adoption 'holistic' definitions many pieces legislation served displace instrumental, proprietary nature. However, recognition heritage, when around ideals, remains predicated upon dichotomy. reforms instituted case reveals state flux how areas are identified valued. traditional constructions occlude Aboriginal Tones Strait Islander peoples' relationships 'country'. Such frameworks continue problematic if such cultural landscapes, adopted. Further, while native title led re-examination fundamental reexamination our constructs incomplete. One crucial yet fully worked accommodate dualistic notions requirements establish title. need accommodation direct practical ramifications national estate other 'wilderness' are, may be, claims. Therefore, considers re-assess western, scientifically prevailing preservation. Finally discusses contingency any Western representations exerted tremendous influence regimes regulated ordered across continent. These classifications embedded particular narrative. Parts designated title, do not achieve characterisation inherent value features itself. necessarily until incorporated within, recognised by, frameworks. As such, decision ascribe given status part needs seen involving issues choice distributive justice implications.