AustraliaBritish commentators on colonial policy in the early to mid-nineteenth century often treated the existence of indigenous customary law and adjudicative forums as an indication of 'civilisation'. However, not all customary laws were considered 'civilised' enough to be acknowledged by the ...
Moreover, some individuals are concerned about incorporating indigenous customary law is that recognition may lead Indigenous people to lose control over their laws leading to further alienation. Concerns of having to expose secret pieces of law to outsiders who may aim to change them (ALRC, 1986...
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 hig...
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...
The passage of the 1993 Native Title Act in the Australian common law recognised the rights and interests of Aboriginal and Torres Strait Islander Peoples derived from their customary laws [66]. The federal statutory legislation gives statutory recognition to native title that includes fishing, hunting...
Both communities are governed in accordance with their customs and traditions (indigenous customary law). For example, the structure of both groups is a form of local organization built around the cargo system (also known as the civil-religious hierarchy), which is instrumental in helping these ...
This paper aims to characterize the common or customary law of indigenous peoples in order to identify the legal pluralism existent in Brazil. Whereas each society presents its own social organization; positive law -- written, codified and founded on the state -- is not the only source of law...
This frame focuses attention on grounding in the cultural context, embedding futures thinking in customary institutions, networks, and knowledges, thereby strengthening Indigenous agency (18 papers in total). Community and Indigenous development are key foci, with a minor focus on environmental sustainabil...
The measures include income quarantining, the compulsory acquisition of leasehold interests over Aboriginal land, restrictions on the supply and possession of alcohol and pornography, and the removal of customary law and cultural practices as considerations in criminal sentencing (see Chap. 10). 2. A...
To this end, it is of utmost importance that agreement methods that have been developed by IPLC, such as community protocols and customary law, for the access and utilization of genetic resources and aTK are considered and adhered to. Community standards of best practices indicate that all ...