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SovereigntyFrontiers of Possibility$
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Julie Evans, Ann Genovese, Alexander Reilly, and Patrick Wolfe

Print publication date: 2012

Print ISBN-13: 9780824835637

Published to Hawaii Scholarship Online: November 2016

DOI: 10.21313/hawaii/9780824835637.001.0001

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PRINTED FROM HAWAII SCHOLARSHIP ONLINE (www.hawaii.universitypressscholarship.com). (c) Copyright Hawaii University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in HSO for personal use (for details see www.universitypressscholarship.com/page/privacy-policy).date: 22 October 2018

Submerged Sovereignty

Submerged Sovereignty

Native Title within a History of Incorporation

(p.60) 4 Submerged Sovereignty

Ben Silverstein

University of Hawai'i Press

This chapter examines the advent of native title in Australia. In the Australian settler colony, native title figures in the liberal imagination as a moment where some sort of hybridization of sovereignty could be achieved. However, once historicized in this context, it signifies not a pluralistic sharing of lawmaking power but an incorporation of Indigenous sovereignties, which limits their possibilities by transforming them into a supplement to the decentered settler sovereignty that is destabilized by the acknowledgment of precolonial—and continuing—Indigenous communities. As such a supplement, it therefore suppresses the danger of the end of terra nullius, reaffirming the force of settler law through reburying Indigenous sovereignties at its foundation.

Keywords:   native title, Australian settler colony, Indigenous sovereignties, settler sovereignty, Indigenous communities, terra nullius, settler law

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