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Pre-Existing Land Rights
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The next proposition the High Court considered was this:
Because English law took effect in Australian colonies from the start, should the rights of indigenous people under their own laws therefore be disregarded?

The Court's response was to reverse this convenient assumption of the previous two hundred and four years, and in doing so, it finally brought Australian law into line with common law as developed in the United States, Canada and New Zealand.

But to do this, the Court first needed to untangle the notion of sovereignty acquired by the Crown, and the question of who actually owns the land. Because, while land might be terra nullius for the purpose of sovereignty, it does not necessarily follow that it should be treated as terra nullius in regard to land rights. This is because land that is terra nullius for the purpose of sovereignty, need not necessarily be terra nullius when determining land rights.
Recognition Of 'Native Title'
Text
1992
Brennan, Justice Gerard, Canberra, crown land, doctrine of tenure, Mabo judgement, native title, Native Title Act (1993), recognition
Malo's Laws
Topic
 
Christianity, clans, Malo, Malo's laws, Meriam culture, religion
Time Immemorial
Topic
 
Mabo Case, Mabo, Edward Koiki, native title
Land Boundaries
Topic
 
boundary markers, clans, inheritance, land ownership, land use, oral tradition
Meriam Land
Topic
 
inheritance, land ownership, Meriam culture, Meriam history, oral tradition
International Comparisons
Topic
 
British law, Canada, colonialism, Common Law, High Court of Australia, Mabo Case, native title, New Zealand (Aotearoa), United States of America
US Domestic Dependent Nation Doctrine
Topic
1823
indigenous people, International law, treaties, United States of America
Aboriginal Rights & Title In Canada
Topic
1973-1982
Aboriginal Title, Canada, First Nations Canada, native title, treaties, United States of America
Other Jurisdictions
Topic
1973
colonisation, Common Law, High Court of Australia, Mabo Case, native title, Papua New Guinea
Indigenous Customary Law
Topic
 
indigenous people, Mabo judgement, native title
Belonging To Country
Topic
 
aborigines, Australia, dreamtime, indigenous Australians, land ownership, land rights, sacred
Adapted To Their Continent
Topic
 
Australia, First Fleet, indigenous people, land use
The Murray Islanders' Evidence
Topic
1986
evidence, Mabo, Edward Koiki, Murray Island, plaintiffs, witnesses
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
Aboriginal & Treaty Rights In Aotearoa - NZ
Topic
1840
Common Law, Maori, native title, New Zealand (Aotearoa), Privy Council, Treaty of Waitangi, 1840
Defining Native Title
Topic
 
aboriginal law, land ownership, native title
General Principles Of Native Title
Topic
 
aboriginal law, Common Law, native title, Native Title Act (1993)
Native Title & Indigenous Law
Topic
 
aboriginal law, Malo's laws, native title, Native Title Act (1993), sacred