Historical indigenous peoples' land claims: a comparative and international approach to the common law doctrine on indigenous title
Article
Gilbert, J. 2007. Historical indigenous peoples' land claims: a comparative and international approach to the common law doctrine on indigenous title. International & Comparative Law Quarterly. 56 (3), pp. 583-611. https://doi.org/10.1093/iclq/lei183
Type | Article |
---|---|
Title | Historical indigenous peoples' land claims: a comparative and international approach to the common law doctrine on indigenous title |
Authors | Gilbert, J. |
Abstract | Within common law systems a body of jurisprudence has developed according to which indigenous peoples' land rights have been recognized based upon historical patterns of use and occupancy and corresponding traditional land tenure. Looking at the emerging common law doctrine on aboriginal or native title, this article examines how legal institutions are building a theory on historical land claims through the recognition of indigenous laws deriving from prior occupation. The article analyses how the common law doctrine builds a bridge between past events and contemporary land claims. The aim of this article is to examine to what extent the common law doctrine proposes a potential model for the development of a legal theory on the issue of indigenous peoples' historical land claims. In doing so the article analyses how the common law doctrine compares with international law when dealing with historical arguments by focusing on issues of intertemporal law and extinguishment. |
Keywords | indigenous peoples, common law, reparations, human rights |
Research Group | Law and Politics |
Publisher | Cambridge University Press |
Journal | International & Comparative Law Quarterly |
ISSN | 0020-5893 |
Publication dates | |
Jul 2007 | |
Publication process dates | |
Deposited | 20 Jan 2010 |
Output status | Published |
Publisher's version | |
Digital Object Identifier (DOI) | https://doi.org/10.1093/iclq/lei183 |
Language | English |
https://repository.mdx.ac.uk/item/82205
Download files
93
total views39
total downloads1
views this month0
downloads this month