Aboriginal Customary Law A Source Of Common Law Title To Land

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

Ulla Secher
Aboriginal Customary Law A Source of Common Law Title to Land Book PDF

Author : Ulla Secher
Publisher : Bloomsbury Publishing
Page : 534 pages
File Size : 47,5 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782253761

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Aboriginal Customary Law: A Source of Common Law Title to Land by Ulla Secher Pdf

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).

Common Law Aboriginal Title

Kent McNeil
Common Law Aboriginal Title Book PDF

Author : Kent McNeil
Publisher : Oxford [England] : Clarendon Press
Page : 357 pages
File Size : 50,7 Mb
Release : 1989
Category : Art
ISBN : 0198252234

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Common Law Aboriginal Title by Kent McNeil Pdf

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.

Aboriginal Societies and the Common Law

Paul G. McHugh
Aboriginal Societies and the Common Law Book PDF

Author : Paul G. McHugh
Publisher : Unknown
Page : 854 pages
File Size : 40,9 Mb
Release : 2004
Category : Aboriginal Australians
ISBN : STANFORD:36105127761729

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Aboriginal Societies and the Common Law by Paul G. McHugh Pdf

This book describes the encounter between the common law legal system and the tribal peoples of North America and Australasia. It is a history of the role of anglophone law in managing relations between the British settlers and indigenous peoples from colonial foundation to the end of the Twentieth century. The historical basis of relations is described through the enduring, but constantly shifting questions of sovereignty, status and, more recently, self-determination.

Aboriginal Title and Indigenous Peoples

Louis A. Knafla,Haijo Westra
Aboriginal Title and Indigenous Peoples Book PDF

Author : Louis A. Knafla,Haijo Westra
Publisher : UBC Press
Page : 280 pages
File Size : 45,8 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780774859295

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Aboriginal Title and Indigenous Peoples by Louis A. Knafla,Haijo Westra Pdf

Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.

Aboriginal Title

P.G. McHugh
Aboriginal Title Book PDF

Author : P.G. McHugh
Publisher : Oxford University Press
Page : 377 pages
File Size : 44,9 Mb
Release : 2011-08-18
Category : Law
ISBN : 9780199699414

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Aboriginal Title by P.G. McHugh Pdf

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.

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

Bertus de Villiers,Joseph Marko,Francesco Palermo,Sergiu Constantin
Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts Book PDF

Author : Bertus de Villiers,Joseph Marko,Francesco Palermo,Sergiu Constantin
Publisher : BRILL
Page : 295 pages
File Size : 46,7 Mb
Release : 2021-08-30
Category : Law
ISBN : 9789004461666

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Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts by Bertus de Villiers,Joseph Marko,Francesco Palermo,Sergiu Constantin Pdf

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.

Indigenous Legal Traditions

Law Commission of Canada
Indigenous Legal Traditions Book PDF

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 45,5 Mb
Release : 2008-01-01
Category : Law
ISBN : 9780774843737

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Indigenous Legal Traditions by Law Commission of Canada Pdf

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Recovering Canada

John Borrows
Recovering Canada Book PDF

Author : John Borrows
Publisher : University of Toronto Press
Page : 326 pages
File Size : 55,7 Mb
Release : 2017-06-22
Category : Law
ISBN : 9781487516758

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Recovering Canada by John Borrows Pdf

Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.

Aboriginal Peoples and the Law

Jim Reynolds
Aboriginal Peoples and the Law Book PDF

Author : Jim Reynolds
Publisher : Purich Books
Page : 296 pages
File Size : 49,9 Mb
Release : 2018-05-15
Category : Law
ISBN : 9780774880237

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Aboriginal Peoples and the Law by Jim Reynolds Pdf

The Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. This book responds to that call, outlining significant legal developments in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand the relationship between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. He concludes that rather than leaving the judiciary to sort out essentially political issues, politicians need to take responsibility for this crucial aspect of building a just society.

Human Rights in International Investment Law and Arbitration

Pierre-Marie Dupuy,Francesco Francioni,Ernst-Ulrich Petersmann
Human Rights in International Investment Law and Arbitration Book PDF

Author : Pierre-Marie Dupuy,Francesco Francioni,Ernst-Ulrich Petersmann
Publisher : Oxford University Press
Page : 646 pages
File Size : 45,7 Mb
Release : 2009
Category : Law
ISBN : 9780199578184

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Human Rights in International Investment Law and Arbitration by Pierre-Marie Dupuy,Francesco Francioni,Ernst-Ulrich Petersmann Pdf

There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.

Beyond the Nass Valley

Owen Lippert
Beyond the Nass Valley Book PDF

Author : Owen Lippert
Publisher : The Fraser Institute
Page : 16 pages
File Size : 45,6 Mb
Release : 2000
Category : Indian land transfers
ISBN : 9780889752061

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Beyond the Nass Valley by Owen Lippert Pdf

On December 11th 1997, then Chief Justice Antonio Lamer of the Supreme Court of Canada radically rewrote how the law requires the resolution of Aboriginal land claims. His decision in the long-running case, Delgamuukw vs. British Columbia, expanded the substance of Aboriginal title and created new ways to determine its presence, including oral testimony. Though the case originated in British Columbia, it has the potential to influence all regions of Canada. In July 1998 and April 1999, the Fraser Institute held conferences to explore the national implications of the decisions. Thirty top law professors, economists, and researchers contributed papers now brought together in this volume, bringing together the Native and non-Native perspectives on the topic.

Advancing Aboriginal Claims

University of Alberta. Centre for Constitutional Studies
Advancing Aboriginal Claims Book PDF

Author : University of Alberta. Centre for Constitutional Studies
Publisher : Purich Publishing
Page : 324 pages
File Size : 52,8 Mb
Release : 2004
Category : History
ISBN : UOM:39015063237732

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Advancing Aboriginal Claims by University of Alberta. Centre for Constitutional Studies Pdf

Canada's Aboriginal peoples face many challenges - some legal, others rooted in traditional Aboriginal culture - as they advance their claims through negotiation or the courts. A looming question for Aboriginal groups seeking justice for their claims is how best to address these challenges in light of recent decisions of the Supreme Court of Canada involving Aboriginal issues. Can Canadian law and courts provide real justice for Aboriginal peoples? How can Aboriginal communities take advantage of the 1982 constitutional changes that offer protection to treaty and Aboriginal rights without compromising the texture of the relationships and responsibilities that constitute and give purpose to their ways of life? The eleven contributors to this collection present innovative ideas written from a variety of Aboriginal and non-Aboriginal perspectives, including those of Aboriginal women and Métis, on advancing Aboriginal claims. Legal and philosophical issues addressed include: how to ensure the interests of Aboriginal women are adequately represented; the relative merits of negotiation and litigation as means of advancing Aboriginal claims; the difficulty in reconciling Aboriginal legal philosophies with Canadian jurisprudence; and possible arguments for ascertaining the date of Crown sovereignty and the legal significance of continuity in proving Aboriginal claims.

Protection of First Nations Cultural Heritage

Catherine Bell,Robert Paterson
Protection of First Nations Cultural Heritage Book PDF

Author : Catherine Bell,Robert Paterson
Publisher : UBC Press
Page : 463 pages
File Size : 49,9 Mb
Release : 2009-05-01
Category : Law
ISBN : 9780774858595

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Protection of First Nations Cultural Heritage by Catherine Bell,Robert Paterson Pdf

Indigenous peoples around the world are seeking greater control over tangible and intangible cultural heritage. In Canada, issues concerning repatriation and trade of material culture, heritage site protection, treatment of ancestral remains, and control over intangible heritage are governed by a complex legal and policy environment. This volume looks at the key features of Canadian, US, and international law influencing indigenous cultural heritage in Canada. Legal and extralegal avenues for reform are examined and opportunities and limits of existing frameworks are discussed. Is a radical shift in legal and political relations necessary for First Nations concerns to be meaningfully addressed?

The Rights of Indigenous Peoples in Marine Areas

Stephen Allen,Nigel Bankes,Øyvind Ravna
The Rights of Indigenous Peoples in Marine Areas Book PDF

Author : Stephen Allen,Nigel Bankes,Øyvind Ravna
Publisher : Bloomsbury Publishing
Page : 432 pages
File Size : 48,7 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781509928668

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The Rights of Indigenous Peoples in Marine Areas by Stephen Allen,Nigel Bankes,Øyvind Ravna Pdf

The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.

Law's Indigenous Ethics

John Borrows
Law s Indigenous Ethics Book PDF

Author : John Borrows
Publisher : University of Toronto Press
Page : 390 pages
File Size : 54,8 Mb
Release : 2019-05-06
Category : Law
ISBN : 9781487531157

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Law's Indigenous Ethics by John Borrows Pdf

Law’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.