A Guide to Overseas Precedents of Relevance to Native Title
A comprehensive and easily understood analysis of comparative common law precedents from Canada, the United States and New Zealand that relates to native title and outlines the context in which these decisions were made and their possible applications to Australia.
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aboriginal rights aboriginal title action agreements Appeal applied argued Australia authority Band basis British Columbia Canada Chapter claim clear and plain common law compensation concerned Congress considered Constitution continuity Council Crown customary customs decision Delgamuukw dependent determine discussed duty effect established European evidence example exclusive exercise existence extinguish fact federal fiduciary Fisheries fishing fishing rights Further grant held historic hunting and fishing important included Indian Indian title Indigenous integral interest issue judgment jurisdiction land legislation limited Mabo majority Maori Muriwhenua native title nature noted obligation occupation offshore ownership particular possession practices principles prior protection question reason recognised reference regulation relation relationship reservation respect right to fish River settlement society sovereignty specific statute Supreme Court surrender territory trade traditional treaty treaty rights tribal Tribe trust United waters Zealand
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No preview available - 2001