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Max Planck Encyclopedia of Public International Law [MPEPIL]

Aboriginal Title

Hanri Mostert, Jacques Jacobs

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 27 January 2021

Indigenous peoples — Self-determination — Minorities — Right to property

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

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). More recently new versions of common law claims to aboriginal title have appeared in jurisdictions such as Belize, Malaysia, and Southern Africa (McHugh 328). In some contexts—eg Canada—a distinction is made between aboriginal rights and aboriginal title. Such a distinction is used to...
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