Chapter

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

Dr. P. G. McHugh

in Aboriginal Title

Published in print August 2011 | ISBN: 9780199699414
Published online January 2012 | e-ISBN: 9780191732133 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199699414.003.0004
Aboriginal Title in the New Century and New Contexts: Fraternal Impact, International Influence

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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

Chapter.  27826 words. 

Subjects: Public International Law

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