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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