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Aboriginal TitleThe Modern Jurisprudence of Tribal Land Rights$
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P.G. McHugh

Print publication date: 2011

Print ISBN-13: 9780199699414

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199699414.001.0001

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Aboriginal Title in the New Century and New Contexts: Fraternal Impact, International Influence

Aboriginal Title in the New Century and New Contexts: Fraternal Impact, International Influence

Chapter:
(p.189) 4 Aboriginal Title in the New Century and New Contexts: Fraternal Impact, International Influence
Source:
Aboriginal Title
Author(s):

Dr. P. G. McHugh

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199699414.003.0004

This chapter looks at the spread of the common law doctrine in the new century into new settings, notably Malayasia, Belize, and southern Africa as well as its resurgence in New Zealand (foreshore and seabed controversy) and infiltration into New Zealand. It examines how it influenced the rapid development of international law norms from the 1990s, including the United Nations and Inter-American and African regions as well as the Philippines, Kenya, Scandinavia, and Japan. Aboriginal title spread and influenced forms of legalism that by the millennium were becoming global. As this happened, the key distinction between imperium and dominium began to dissolve as aboriginal self-determination became the new propellant of juridical development.

Keywords:   self-determination, orang asli, foreshore, indigenous peoples' rights, Maori, Sámi, Ainu, indigeneity

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