Concept in common law of indigenous land rights persisting after colonization
Protests against the Foreshore and Seabed Act 2004, which extinguished claims to aboriginal title to the foreshore and seabeds in New Zealand
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty to that land by another colonising state. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively.
Aboriginal title is also referred to as indigenous title, native title (in Australia), original Indian title (in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary international law, it has been codified nationally by legislation, treaties, and constitutions.
Aboriginal title was first acknowledged in the early 19th century, in decisions in which indigenous peoples were not a party. Significant aboriginal title litigation resulting in victories for indigenous peoples did not arise until recent decades. The majority of court cases have been litigated in Australia, Canada, Malaysia, New Zealand, and the United States. Aboriginal title is an important area of comparative law, with many cases being cited as persuasive authority across jurisdictions. Legislated Indigenous land rights often follow from the recognition of native title.
proof for the recognition of aboriginaltitle, the content of aboriginaltitle, the methods of extinguishing aboriginaltitle, and the availability of compensation...
Aboriginaltitle in California refers to the aboriginaltitle land rights of the indigenous peoples of California. The state is unique in that no Native...
In Canada, aboriginaltitle is considered a sui generis interest in land. Aboriginaltitle has been described this way in order to distinguish it from...
States Court of Appeals for the Fifth Circuit has held that there is no aboriginaltitle in Louisiana. Spanish law, as interpreted by the U.S. Supreme Court...
of aboriginaltitle (also known as "original Indian title" or "Indian right of occupancy"). Native American tribes and nations establish aboriginal title...
Aboriginal land title in New Mexico is unique among aboriginaltitle in the United States. Congressional legislation was passed to define such title after...
Native title refers to rights, recognised by Australian law, held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from...
Aboriginaltitle in New York refers to treaties, purchases, laws and litigation associated with land titles of aboriginal peoples of New York, in particular...
Aboriginal Australians are the various Indigenous peoples of the Australian mainland and many of its islands, excluding the ethnically distinct people...
Indigenous peoples in Canada (also known as Aboriginals) are the indigenous peoples within the boundaries of Canada. They comprise the First Nations,...
A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a professional...
a treaty with the United States in 1864. When claiming or finding aboriginaltitle, the land rights Native Americans possess over the lands they have...
important decisions on the status of aboriginaltitle in the United States, building on the opinions of aboriginaltitle in the Marshall Court. The Taney...
history. ANCSA was intended to resolve long-standing issues surrounding aboriginal land claims in Alaska, as well as to stimulate economic development throughout...
opinions by the Supreme Court of the United States on the status of aboriginaltitle in the United States, several of them written by Chief Justice John...
Canadian Aboriginal law is the body of law of Canada that concerns a variety of issues related to Indigenous peoples in Canada. Canadian Aboriginal Law is...
Aboriginaltitle statutes in the Thirteen Colonies were one of the principal subjects of legislation by the colonial assemblies in the Thirteen Colonies...
The Aboriginal Tasmanians (Palawa kani: Palawa or Pakana) are the Aboriginal people of the Australian island of Tasmania, located south of the mainland...
consist of two distinct groups, which includes many ethnic groups: the Aboriginal Australians of the mainland and many islands, including Tasmania, and...
or domestic constitutions or legislation. Aboriginaltitle (also known as Indigenous title, native title and other terms) is a common law doctrine that...
v. United States, the court found Alaskan natives held established aboriginaltitle by their "exclusive use and occupancy of that territory from time immemorial"...
Native Title Body Corporate (RNTBC) is a corporation nominated by a group of Aboriginal or Torres Strait Islander people for the purposes of native title in...
on aboriginal rights, the Court stated that the government has a fiduciary duty toward the First Nations of Canada and established aboriginaltitle to...
rights in Australia, also known as Aboriginal land rights in Australia, are the rights and interests in land of Aboriginal and Torres Strait Islander people...
account of Aboriginaltitle (a distinct kind of Aboriginal right) in Canada.: 99 The Gitxsan and Wet’suwet’en peoples claimed Aboriginaltitle and jurisdiction...
competitive grant schemes by the Australian government to support Australian Aboriginal languages should be complemented with compensation schemes, which are...
within the present boundaries of the republic strained our power to govern aboriginal peoples. Could it be that we would now, with open eyes, seek to add to...
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