Skip to main content
×
Home
    • Aa
    • Aa
  • Get access
    Check if you have access via personal or institutional login
  • Cited by 7
  • Cited by
    This article has been cited by the following publications. This list is generated based on data provided by CrossRef.

    Throsby, David and Petetskaya, Ekaterina 2016. Sustainability Concepts in Indigenous and Non-Indigenous Cultures. International Journal of Cultural Property, Vol. 23, Issue. 02, p. 119.


    Aiken, S. Robert and Leigh, Colin H. 2015. DAMS AND INDIGENOUS PEOPLES IN MALAYSIA: DEVELOPMENT, DISPLACEMENT AND RESETTLEMENT. Geografiska Annaler: Series B, Human Geography, Vol. 97, Issue. 1, p. 69.


    Calleros-Rodríguez, Héctor 2013. Indigenous land restitution and traditional occupation in Mexico's Lacandonia. Identities, Vol. 20, Issue. 2, p. 149.


    Bulkan, Arif 2012. DISENTANGLING THE SOURCES AND NATURE OF INDIGENOUS RIGHTS: A CRITICAL EXAMINATION OF COMMON LAW JURISPRUDENCE. International and Comparative Law Quarterly, Vol. 61, Issue. 04, p. 823.


    AIKEN, S. ROBERT and LEIGH, COLIN H. 2011. IN THE WAY OF DEVELOPMENT: INDIGENOUS LAND-RIGHTS ISSUES IN MALAYSIA*. Geographical Review, Vol. 101, Issue. 4, p. 471.


    AIKEN, S. ROBERT and LEIGH, COLIN H. 2011. Seeking Redress in the Courts: Indigenous Land Rights and Judicial Decisions in Malaysia. Modern Asian Studies, Vol. 45, Issue. 04, p. 825.


    Gilbert, Jérémie 2011. III. INDIGENOUS PEOPLES' HUMAN RIGHTS IN AFRICA: THE PRAGMATIC REVOLUTION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS. International and Comparative Law Quarterly, Vol. 60, Issue. 01, p. 245.


    ×
  • International and Comparative Law Quarterly, Volume 56, Issue 3
  • July 2007, pp. 583-611

Historical Indigenous Peoples' Land Claims: A Comparative and International Approach to the Common Law Doctrine on Indigenous Title

Abstract
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.

Copyright
Linked references
Hide All

This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

P Thornberry , Indigenous Peoples and Human Rights (MUP, Manchester, 2002)

P Patton , ‘The Translation of Indigenous Land into Property: The Mere Analogy of English Jurisprudence’ (2000) 6 Parallax 2538.

PG McHugh , Aboriginal Societies and the Common Law (OUP, Oxford, 2004) 539611.

R Bulan , ‘Native Title as a Proprietary Right under the Constitution in Peninsula Malaysia: A Step in the Right Direction?’ (2001) 9 Asia Pacific Law Review 83.

To Elias , ‘The Doctrine of Intertemporal Law’ (1980) 74 AJIL 285.

A Connolly , ‘Judicial Conceptions of tradition in Canadian Aboriginal Rights Law’ (2006) 7 Asia Pacific Journal of Anthropology 27.

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

International & Comparative Law Quarterly
  • ISSN: 0020-5893
  • EISSN: 1471-6895
  • URL: /core/journals/international-and-comparative-law-quarterly
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×