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- Title
INTERNATIONAL LAW AND NATIVE TITLE IN AUSTRALIA.
- Authors
NETTHEIM, GARTH
- Abstract
Customary international law provided for some early recognition of the rights of Indigenous peoples as against European colonisers, but much of this was eroded over the past two centuries. In Britain's colonisation of Australia there was little effective recognition, in contrast to British policy and practice in North America and New Zealand. Since World War II international law has developed wide ranging treaties relating to human rights generally. These have come to be regarded as applicable to Indigenous peoples. They played a critical role in the events leading to the High Court of Australia's recognition of native title in 1992, and supported the Native Title Act 1993 (Cth). They provided the basis for international criticism of the 'winding back' of native title in the Native Title Amendment Act 1998 (Cth). Since 1982 the UN system has been developing, in collaboration with representatives of Indigenous peoples from around the world, a Draft Declaration on the Rights of Indigenous Peoples. It will be considered later this year at the annual meeting of the UN's General Assembly. How will Australia vote?
- Subjects
AUSTRALIA; UNITED Kingdom; UNITED States; NEW Zealand; INTERNATIONAL relations; INDIGENOUS peoples; INTERNATIONAL law; HUMAN rights; WORLD War II -- Treaties; NATIVE Title Act, 1993
- Publication
University of Queensland Law Journal, 2008, Vol 27, Issue 2, p167
- ISSN
0083-4041
- Publication type
Article