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Max Planck Encyclopedia of Public International Law [MPEPIL]

Aboriginal Title

Hanri Mostert

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 15 December 2018

Subject(s):
Indigenous peoples — International environmental law — Minorities — Self-determination — Right to property

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 Aboriginal title/native title is a term referring to the proprietary, customary law interests in land of indigenous communities or ‘first nations’, employed mainly in common law jurisdictions such as Canada, the US, Australia, and New Zealand ( Minorities, International Protection ). In some contexts—eg Canada—a distinction is made between aboriginal rights and aboriginal title. Aboriginal rights are defined in terms of certain activities which flow from the practices, customs, or traditions integral to the distinctive culture of the indigenous group claiming...
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