Aboriginal Title and Indigenous Peoples:Canada, Australia, and New Zealand

Description

“Delgamuukw. Mabo. Ngati Apa.” These cases and others have in
recent years created a framework for litigating Aboriginal title in
countries such as Canada| Australia| and New Zealand. The contributors
to this path-breaking book argue that our understanding of where the
concept of Aboriginal title came from — and where it may be going
— can also be enhanced by exploring legal developments in these
former British settler colonies in a comparative and multidisciplinary
framework.

“Aboriginal Title and Indigenous Peoples” brings together a
distinguished group of scholars who trace how the doctrine of
Aboriginal title evolved as indigenous peoples and their laws
interacted with settlers and the legal systems that developed in these
three common law countries. Part 1 reveals the historical role that
legislatures and courts played in the extinguishment and acquisition of
Aboriginal title and land. Part 2 shows that although each
country’s development was distinctive| common issues and legal
developments shaped — and continue to inform — indigenous
peoples’ struggle for recognition of their rights.

These tightly integrated essays offer a perspective on Aboriginal
title and land rights that extends beyond national borders to consider
similar developments in common law countries.