n Tydskrif vir die Suid-Afrikaanse Reg - Aboriginal land rights in Australia remains an unruly horse : aantekeninge




The process of colonisation and the concommitant dispossession of land appear to go hand in hand. Without exception, in dispossessing the indigenous people of their land and physically removing them from their land, colonisers gave no thought to the psyche of the dispossessed. The indigenous people were simply overridden by the process of colonisation - although not without resistance. Such resistance never totally ceases and in most cases eventually leads to recrimination, litigation and legislation. The two most prominent examples of this process are Canada and Australia. I have dealt with Canada quite extensively (Barrie "The American Indian and tribal law: lessons and guidelines for South African indigenous law" 2003 160; "International law and indigenous land rights: further lessons for South Africa" 2005 384; "The validity of historical aboriginal treaty rights: the Canadian experience" 2006 803; "19th century treaties and 21st century realities: tensions in Canada and " 2007 780) and now turn to Australia.


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