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

2014-12-01
Law

Author: Ulla Secher

Publisher: Bloomsbury Publishing

ISBN: 1782253769

Category: Law

Page: 534

View: 6151


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).

Parliamentary Debates

1989
Great Britain

Author: Great Britain. Parliament. House of Commons

Publisher: N.A

ISBN: N.A

Category: Great Britain

Page: 1228

View: 820


An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach

2001-04-01
Law

Author: Robert Mainville

Publisher: UBC Press

ISBN: 1895830532

Category: Law

Page: 192

View: 5202


A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights. The author points out that Aboriginal rights include more than Aboriginal title, and stresses the fiduciary relationship between the federal government and Aboriginal peoples. He also discusses the impact of the Canadian constitution on Aboriginal rights, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. The heart of this book deals with the complex question of compensation for the infringement of Aboriginal and treaty rights. The author begins with the Canadian law of expropriation but argues that, while these principles can provide guidelines for compensation, expropriation law is inadequate to address the issue fully. He then examines American jurisprudence and concludes that the American experience, which involves complex legal maneuverings and narrowly applied principles, has not always led to justice for Native Americans. Against this background, Mr. Mainville sets out clear and practical principles for determining appropriate compensation when Aboriginal or treaty rights are breached. These principles include: considering the government's fiduciary obligation; applying uniform compensation principles across the country; adequately assessing the impact of the breach on the Aboriginal community as a whole; considering the benefits derived by the Crown and third parties; the need for structured compensation schemes that do not necessarily meet mathematically accurate tests; and assessing third party responsibility for compensation.

Politics and Economic Policy in Yugoslavia, 1918-1929

2011
History

Author: Alan Fogelquist

Publisher: Lulu.com

ISBN: 1257942999

Category: History

Page: 449

View: 3822


This study, based on the author's doctoral dissertation at UCLA, examines Yugoslav economic policy from 1918 to 1929, how it was made, and how it was affected by political developments of the time. It studies the activities of Yugoslavia's regional political and business elites, political groups, and corporations, their reactions to Yugoslav economic policy and their efforts to influence it. The study contains a detailed analysis of party politics and the manner in which the political process affected economic policy. The study uncovers and explains relationships between state, elite, class, national-confessional groups, and territorial regions in the determination of social and economic policy in the Kingdom of Serbs, Croats, and Slovenes, later renamed Yugoslavia, and the relationship between these groups and the Yugoslav state.

Pakistan Law Reports

1956
Law reports, digests, etc

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law reports, digests, etc

Page: 1098

View: 1688


"Containing cases determined by the High Court of Judicature at Lahore and by the Federal Court on appeal from that High Court," (varies).

Report Report

1812

Author: forests & land revenues Great Britain. Office of his Majesty's woods

Publisher: N.A

ISBN: N.A

Category:

Page: N.A

View: 1058


Ko Tautoro, Te Pito o Toku Ao

2014-10-20
History

Author: Hone Sadler

Publisher: Auckland University Press

ISBN: 1775587150

Category: History

Page: 180

View: 5917


Ngapuhi is the largest iwi in New Zealand and its people have occupied the northern North Island, from Tamaki in the south to Te Rerenga Wairua in the north, from the time of their arrival from Hawaiki. Ko Tautoro, Te Pito o Toku Ao is Ngapuhi elder Hone Sadler's powerful account of the origins, history and culture of the Ngapuhi people - a profound introduction to the Sacred House of Puhi. Sadler illustrates the unbroken chain of Ngapuhi sovereignty by looking in-depth at his own hapu of Ngati Moerewa, Ngati Rangi and Ngai Tawake ki te Waoku of Tautoro and Mataraua. The narrative is told through weaving together karakia and whakapapa, histories and korero that have been part of the oral traditions of Ngapuhi's whanau, hapu and iwi and handed down through the generations on marae and other gathering places. Presented first to open the Ngapuhi's claim before the Waitangi Tribunal, Sadler's narrative is a powerful Maori oral account, presented here in te reo and English on facing pages, of the story of New Zealand's largest iwi.
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