The 'Marshall Cases' in the US Supreme Court in the 1820s and 1830s recognised, not only 'native title' but also the continuing, though subordinate, sovereignty of the Indian nations. The Treaty of Waitangi of 1840 for New Zealand recognises the continuing rangatiratanga of Maori. Canada stands ready to acknowledge the 'inherent right of self government' of Native Americans. In all cases, this residual power of indigenous self-government remains within the overall sovereignty of the state.
Keywords: aboriginal property ownership, Canada, First Nations Canada, indigenous people, Marshall Cases, native title, New Zealand (Aotearoa), sovereignty, Treaty of Waitangi, 1840 , United States of America
Author: Nettheim, Garth