Australian native title has its counterparts in most former British colonies with the same common law tradition.
However, most recognised the rights of their Indigenous peoples long before Australia.
In the Mabo case, the High Court was greatly influenced by the fact that Australia was so out of step with the rest of the common law world.
Moreover, the High Court drew on the comparative law of the United States, Canada and other countries to develop a native title doctrine, because there had been so few previous native title cases in Australia.
...no such recognition...
Canada, Land Bilong Islanders, New Zealand (Aotearoa), recognition, treaties, United States of America
aborigines, Blackburn, Justice, Gove, Gove Case, Gove Peninsula, McIntyre, Greg, Nabalco, Yirrkala
...The power of the High Court to determine the common law...
Brennan, Justice Gerard, Britain, Canada, High Court of Australia, International law, Mabo judgement, Mabo v Queensland No.2, New Zealand (Aotearoa), United States of America
...The implications of overseas law for native title in Australia...
Image and Text
Australian Court Case, Britain, Canada, Delgamuukw v British Columbia, Fejo v Northern Territory (1998), International Court Case, International law, Kirby, Justice Michael, Mabo v Queensland No.2, New Zealand (Aotearoa), Queensland Government, Supreme Court of Canada, United States of America
US Domestic Dependent Nation Doctrine
indigenous people, International law, treaties, United States of America
Aboriginal Rights & Title In Canada
Aboriginal Title, Canada, First Nations Canada, native title, treaties, United States of America
colonisation, Common Law, High Court of Australia, Mabo Case, native title, Papua New Guinea
Australia In The Eyes Of The World
Australia, Australia, Australian International Relations, human rights, indigenous people, International law, national identity, native title, social justice
colonisation, crown land, doctrine of tenure, First Fleet, New South Wales, sovereignty, terra nullius
Aboriginal & Treaty Rights In Aotearoa - NZ
Common Law, Maori, native title, New Zealand (Aotearoa), Privy Council, Treaty of Waitangi, 1840
Other Lands Settled By The British
Canada, colonisation, Common Law, native title, New Zealand (Aotearoa), treaties, Treaty of Waitangi, 1840 , United States of America
The Gove Case
Arnhem Land, Australian Court Case, bark petition, Blackburn, Justice, Gove, Gove Case, land rights, Marika, Roy, Milirrpum v Nabalco Pty Ltd, 1971 , mining, Nabalco, Northern Territory, Yirrkala