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Native Title & Indigenous Law
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In the Mabo decision, the High Court established that native title is recognised under the common law, but not created by it.

However, while "common law" native title has its source in the laws and customs of Indigenous peoples, neither is it part of Aboriginal law. That's because the common law imposes its own limitations on the recognition of Aboriginal law and Aboriginal relations with the land.

As a result, Aboriginal law may recognise rights to land where the common law native title does not, because the Crown has extinguished those rights.

Furthermore, while the common law recognises indigenous laws about land, it does not recognise other rights and laws of Aboriginal peoples.
Crown Land
Topic
 
colonisation, doctrine of tenure, indigenous Australians, International law, native title, New South Wales, sovereignty, terra nullius
Mer, Waier & Dauar
Topic
 
Dauar, Dauar, HMS Pandora, Mer, Meriam culture, Meriam history, Meriam history, Murray Island, Waier
Property & Inheritance
Topic
 
Cambridge Anthropological Expedition, inheritance, land ownership, Meriam culture, property
Malo's Laws
Topic
 
Christianity, clans, Malo, Malo's laws, Meriam culture, religion
Yuk puuyngk
Image and Text
1993
aboriginal law, sacred, Wik, Yuk Puuyngk
From Bark Petititon to Native Title
Text
Aug, 16, 1996
aboriginal law, land ownership, Northern land Council, Yunupingu, Galarrwuy
...a 'recognition concept'...
Text
1992
legal pluralism, native title, Pearson, Noel, recognition
...Land, society and culture...
Text
 
Australian Court Case, Fejo v Northern Territory (1998), legal pluralism, Mabo judgement, Northern Territory, recognition, Walker v NSW (1994)
...Competing responsibilities...
Text
 
aboriginal law, ATSIC Aboriginal and Torres Strait Islander Commission, custom, indigenous Australians, O'Donaghue, Lowitja
Malo
Topic
 
Malo, Malo's laws, Malo-Bomai, religion, sacred, tag mauki mauki, trespass
Native Title Tribunal & Federal Court
Topic
Nov, 25, 1993
Federal Court of Australia, National Native Title Tribunal, native title, Native Title Act (1993)
Learning To Live With Native Title
Topic
 
Cowley, Camilla, De Crispegny, Robert Champion, mining, native title, Normandy Mining, pastoralism, reconciliation
Indigenous Customary Law
Topic
 
indigenous people, Mabo judgement, native title
The Politics Of Native Title
Topic
1992-
citizenship, equality, human rights, land rights, national identity, native title, political reaction, politics
Belonging To Country
Topic
 
aborigines, Australia, dreamtime, indigenous Australians, land ownership, land rights, sacred
A Sacred Landscape
Topic
 
aboriginal property ownership, anthropology, Australia, clans, dispossession, kinship, land ownership, religion, sacred
The Laws Of Malo
Topic
 
indigenous law, Malo's laws, Malo-Bomai, Meriam culture, Meriam history, Murray Island, religion, sacred, sacred
Malo's Law
Topic
 
Malo's laws, Malo-Bomai, Meriam culture, Meriam history, Murray Island, religion, sacred
Performance, Art & The Sacred
Topic
 
Malo's laws, Malo-Bomai, Mer, Murray Island, religion, sacred
Something Deep Within Us
Topic
 
fishing, Great Barrier Reef, sacred, sea rights, seafarers
Sovereignty & Indigenous Self-Government
Topic
 
Mabo judgement, native title, sovereignty
Property And Inheritance
Text
 
Cambridge Anthropological Expedition, inheritance, land ownership, Meriam culture, property