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Aboriginal title, the land rights of native peoples in former colonies, is one of the most significant developments in common law in the late-twentieth century. This book, by a key author in this field, sets out the beginnings, judicial acceptance, and influence of this doctrine across national jurisdictions and in international law.
Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to
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Produktbeschreibung
Aboriginal title, the land rights of native peoples in former colonies, is one of the most significant developments in common law in the late-twentieth century. This book, by a key author in this field, sets out the beginnings, judicial acceptance, and influence of this doctrine across national jurisdictions and in international law.
Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights.
Autorenporträt
P.G. McHugh is a New Zealander whose pioneering work has been at the forefront of this field. After graduating LLB (Hons, first class) from Victoria University of Wellington he completed an LLM at the University of Saskatchewan (1981) and a PhD at the University of Cambridge (winner of Yorke Prize 1988) for his dissertation "The aboriginal rights of the New Zealand Maori at common law. " His work has been cited in court judgments and has been influential in policy-setting and resolution of land claims in several jurisdictions where he has acted as occasional independent advisor to governments and tribal bodies. He is known not only as a legal scholar but a legal historian, especially in the field of historiography and the disciplinary interplay of law and history.