Chapter

Aboriginal Title—Diagnosis and Prognosis

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/9780199699414.003.0006
Aboriginal Title—Diagnosis and Prognosis

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This chapter acknowledges the role of aboriginal title in jolting governments into a new politics of negotiating with tribes and taking stock of the courts' role in monitoring their relations with indigenous peoples. It also notes, however, the conservative effects of rights-design within a proprietary paradigm and the downstream lawfare that has since engulfed tribes' affairs. It attempts a critical assessment of what the doctrine has — and has not — achieved for indigenous peoples.

Keywords: proprietary paradigm; land claims settlement; lawfare; governance

Chapter.  5961 words. 

Subjects: Public International Law

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