 | Michael Asch - 1997 - 308 trang
...45 That was one approach Brennan J. took in Mabo, supra note 41 at 58: 'Native title has its origin in and is given its content by the traditional laws acknowledged by and the traditional customs observed by the indigenous inhabitants of a territory. The nature and incidents of native title must... | |
 | Shaunnagh Dorsett, Lee Godden - 1998 - 300 trang
...went on at p. 58 to consider the nature and basis of aboriginal title: "Native title has its origin in and is given its content by the traditional laws acknowledged by and the traditional customs observed by the indigenous inhabitants of a territory. The nature and incidents of native title must... | |
 | Maxwell John Charlesworth - 1998 - 244 trang
...Strong Memorial Lecture, 1976, see Chapter 1 above. 12 Per Brennan J: 'Native title has its origins and is given its content by the traditional laws acknowledged by and the traditional customs observed by the indigenous inhabitants', ALJR 66 (1992), p. 429. 13 'Statement of Claim', p. 2. 14... | |
 | Elihu Lauterpacht, C. J. Greenwood, A. G. Oppenheimer - 1999 - 800 trang
...accordance with their laws or customs to their traditional land which is preserved as native title. Native title has its origins in and is given its content...laws acknowledged by, and the traditional customs observed by, the indigenous inhabitants of the territory. The nature of native title must be ascertained... | |
 | Ellen-Rose Kambel, Fergus MacKay - 1999 - 214 trang
...land.'36 In Mabo vs. Queensland, the Australian High Court stressed that indigenous land rights or 'native title has its origins in and is given its...traditional laws acknowledged by and the traditional customs observed by the indigenous inhabitants of a territory'37. In the United States, the Court of Claims... | |
 | Duncan Ivison - 2000 - 340 trang
...is recognised but not created by the common law. In Brennan J's words: Native title has its origin in and is given its content by the traditional laws acknowledged by and the traditional customs observed by the indigenous inhabitants of a territory. The nature and incidents of native title must... | |
 | Haig Patapan - 2000 - 230 trang
...acknowledgment of fundamental differences between native title and the common law: Native title has its origin in and is given its content by the traditional laws acknowledged by and the traditional customs observed by the indigenous inhabitants of a territory. The nature and incidents of native title must... | |
 | Shadrack Gutto - 2001 - 388 trang
...history written from the perspective of the occupiers. Brennan CJ held that "native title has its origin in and is given its content by the traditional laws acknowledged by and the traditional customs observed by the indigenous inhabitants of a territory".30 In effect, they are indigenous common law... | |
 | Isfahan Merali, Valerie Oosterveld - 2001 - 296 trang
...for aboriginal property rights, particularly native title, as follows: Native title has its origin in and is given its content by the traditional laws acknowledged by and the traditional customs observed by the Indigenous inhabitants of a territory. The nature and incidents of native title must... | |
 | Elizabeth A. Povinelli - 2002 - 356 trang
...ability to signify fixity, stasis, and resistance to a historical dialectic: "Native title has its origin in and is given its content by the traditional laws acknowledged by and the traditional customs observed by the indigenous inhabitants of a territory."49 In contrast to native title, common law's... | |
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Native title has its origin in and is given its content by the traditional laws acknowledged by and the traditional customs observed by the indigenous inhabitants of a territory. The nature and incidents of native title must be ascertained as a matter... 
