Aboriginal Customary Law: A Source of Common Law Title to Land

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Release : 2014-12-01
Genre : Law
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Book Rating : 769/5 ( reviews)

Aboriginal Customary Law: A Source of Common Law Title to Land - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Aboriginal Customary Law: A Source of Common Law Title to Land write by Ulla Secher. This book was released on 2014-12-01. Aboriginal Customary Law: A Source of Common Law Title to Land available in PDF, EPUB and Kindle. Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).

Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts

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Release : 2021-08-30
Genre : Law
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Book Rating : 663/5 ( reviews)

Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts write by Bertus de Villiers. This book was released on 2021-08-30. Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts available in PDF, EPUB and Kindle. This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.

Aboriginal Title

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Release : 2011-08-18
Genre : Law
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Book Rating : 410/5 ( reviews)

Aboriginal Title - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Aboriginal Title write by P.G. McHugh. This book was released on 2011-08-18. Aboriginal Title available in PDF, EPUB and Kindle. Aboriginal title, the land rights of native peoples in former colonies, is one of the most significant developments in common law in the late 20th century. This book, by a key author in this field, sets out the beginnings, judicial acceptance and influence of this doctrine across national jurisdictions and in international law.

Our Land is Our Life

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Release : 1997
Genre : Law
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Book Rating : /5 ( reviews)

Our Land is Our Life - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Our Land is Our Life write by Galarrwuy Yunupingu. This book was released on 1997. Our Land is Our Life available in PDF, EPUB and Kindle. Our Land is Our Lifeis a rare opportunity to sit down with Galarrwuy Yunupingu, Marcia Langton, Michael Dodson and Patrick Dodson, Noel Person, Lois O'Donoghue, Michael Mansell, Peter Yu, and many more whose names appear in the daily media. In this collection the most influential indigenous leaders of our time provide analyses and reveal their passions for their people and land, and for the Australia we all want to call home.

Common Law Aboriginal Title

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Release : 1989
Genre : Art
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Book Rating : 238/5 ( reviews)

Common Law Aboriginal Title - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Common Law Aboriginal Title write by Kent McNeil. This book was released on 1989. Common Law Aboriginal Title available in PDF, EPUB and Kindle. Examines effects of colonisation on title to land in territories settled by the English; outlines possession and title to land in English law, the Crowns title to land in England; describes methods of acquisition of territorial sovereignty; discusses common law Aboriginal title (native title) and its application in United States , Canada and Australia; mentions Milirrpum v. Nabalco Pty Ltd.