The article discusses the disputes between customary law and family law among the Aboriginal people of Australia. There is a sharp distinction to be drawn in relation to the operation of the law as it affects Aboriginal and Torres Strait Islander people, as opposed to non-indigenous people. The...
customary lawstatutory lawsIndigenous Knowledge (IK) has a direct impact on biodiversity and vice versa. Since a rich biodiversity facilitates breeding of IK, most of the IK comes from environment and biodiversity. Customary practices play an important role in conserving and protecting the biodiversity...
This paper examines the potential areas of conflict within the lifecycle of a commercial contract to determine if indigenous customary law can be recognised as a legitimate legal system in the context of international commercial contract law.关键词: Indigenous Customary Law International Commercial ...
of complex relationships to law in nations such as Australia, Canada, New Zealand and the United States where nonindigenous people constitute the majority of the population. Customary law has been recognised in each of these nations as a source of domestic law, but this recognition has created va...
In the resulting historic and controversial Gove land rights case, Justice Blackburn ruled that Australia had been terra nullius before European settlement, and that no concept of Native title existed in Australian law. Although the Yolngu people were defeated in this action, the effect was to ...
Customary law as the basis for prior informed consent of local and indigenous communities Benefit Sharing III, specific issues for consideration in the elaboration of the IR: Indigenous Peoples-Community-level PIC for accessing TK and genetic ... B Tobin 被引量: 11发表: 2004年 When knowledge go...
It first outlines the statutory frameworks that are in place in Australia and New Zealand. Second, it discusses the development of common law principles relating to the sentencing of Indigenous offenders, focusing on the relevance of Indigenous status and Indigenous laws (often called customary law)...
However distressing it has proved, his obligation under customary law has been to secure the repatriation of Yorta Yorta remains lying in collections within various museums and medical schools in Australia, Europe and the United Kingdom. In recalling his experiences in campaigning for remains to be...
Gradually, the dominant common law governments of many nations have come to realise that restoring customary resource use regimes, management rights, and even outright traditional ownership of these lands is not only just but can help advance their common interests. This paper utilises a comparative...
before the indigenous law of 1993 recognized the existence of cultural pluralism in the national territory and set up the basis for the participation of "the Chilean ethnic groups," the aboriginal peoples were merely considered as legal "objects." Indeed, the indigenous policy implemented by the ...