Native Title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, except to the national government, and that it may be held either individually or collectively.
Aboriginal title was first acknowledged in the early 19th century, in decisions in which indigenous peoples were not a party. Significant aboriginal title litigation resulting in victories for indigenous peoples did not arise until recent decades. The majority of court cases have been litigated in Australia, Canada, Malaysia, New Zealand, and the United States. Aboriginal title is an important area of comparative law, with many cases being cited as persuasive authority across jurisdictions. Many commentators believe that the doctrine is applicable in all common law legal systems.
Aboriginal title is also referred to as indigenous title, native title (particularly in Australia), original Indian title (particularly in the United States), and customary title (particularly in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary international law, it has been codified nationally by legislation, treaties, and constitutions.
Read more about Native Title: English Colonial Legacy, Jurisdictions Rejecting The Doctrine
Other articles related to "native title, title":
... In 1993 the Government passed the Native Title Act in response to the High Court's decision in Mabo v Queensland ... It was Australia’s first national native title legislation ... increased funding for the arts), a review of the Sex Discrimination Act, and native title rights of Australia's indigenous peoples following the "Mabo" High Court decision ...
... September 2006 the Federal Court of Australia brought down a judgment which recognised native title in an area over the city of Perth and its ... the Noongar people together will continue to be involved in Native Title negotiations with the Government of Western Australia, and are represented by the South-West Aboriginal Land ... Other Native Title Claims on Noongar Lands include Gnaala Karla Booja the headwaters of the Murray and Harvey Rivers to the Indian Ocean The Harris Family The coasts of the area from Busselton to ...
... The community is located within the Bardi Jawi native title determination area, determined by the Federal Court of Australia on 30 November 2005 ...
... Australia did not experience native title litigation until the 1970s, when Indigenous Australians (both Australian Aborigines and Torres Strait Islanders) became more politically active ... Mabo, rejecting terra nullius, held that native title exists (6–1) and is extinguishable by the sovereign (7–0), without compensation (4–3) ... In the wake of the decision, the Australian Parliament passed the Native Title Act 1993 (NTA), codifying the doctrine and establishing the National Native Title Tribunal (NNTT) ...
... Unlike most jurisdictions, the doctrine that aboriginal title is inalienable never took hold in India, and sales from indigenous persons to both British subjects and aliens were widely upheld ...
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