Document Type

Article

Publication Date

2009

Keywords

indigenous peoples, Customary Law, Native Title, Domestic Law, non-indigenous law, international law

Comments

This article is based on a public lecture given by the author in spring 2007 at the Queensland University of Technology.

Abstract

Indigenous people have a variety of complex relationships to law in nations such as Australia, Canada, New Zealand and the United States where non-indigenous people constitute the majority of the population. Customary law has been recognised in each of these nations as a source of domestic law, but this recognition has created various tensions. For instance, Native Title looks to customary law for its definition, but non-indigenous society demands that Native Title be managed by modern Indigenous institutions created under non-indigenous law. Issues of federalism and international law influence the interaction of Indigenous and non-indigenous law against a background of the history of particular peoples. Culture provides a framework for how each country will handle the ongoing relationship of Indigenous and non-Indigenous law.

Disciplines

Indian and Aboriginal Law

Recommended Citation

1 The Verdict 43 (2009).