Post by Sapphire Capital on Sept 9, 2008 22:12:25 GMT 4
Judicial Treatment of Indigenous Land Rights in the Common Law World
Kent Mcneil
York University - Osgoode Hall Law School
September 3, 2008
CLPE Research Paper No. 24/2008
Abstract:
This chapter examines the land rights of Indigenous peoples in the United States, Canada, Australia and New Zealand from the perspective of the common law. Topics discussed are sources, content and proof of these rights, as well as ways in which they can be extinguished and infringed. The connection between land rights and self-government of Indigenous peoples is also considered. The chapter takes a critical and comparative approach, pointing out both positive and negative aspects of the judicial treatment of land rights in each of these common law jurisdictions.
papers.ssrn.com/sol3/papers.cfm?abstract_id=1262794
Kent Mcneil
York University - Osgoode Hall Law School
September 3, 2008
CLPE Research Paper No. 24/2008
Abstract:
This chapter examines the land rights of Indigenous peoples in the United States, Canada, Australia and New Zealand from the perspective of the common law. Topics discussed are sources, content and proof of these rights, as well as ways in which they can be extinguished and infringed. The connection between land rights and self-government of Indigenous peoples is also considered. The chapter takes a critical and comparative approach, pointing out both positive and negative aspects of the judicial treatment of land rights in each of these common law jurisdictions.
papers.ssrn.com/sol3/papers.cfm?abstract_id=1262794