Native Title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. 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, except to the national government, and that it may be held either individually or collectively.
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. Many commentators believe that the doctrine is applicable in all common law legal systems.
Aboriginal title is also referred to as indigenous title, native title (particularly in Australia), original Indian title (particularly in the United States), and customary title (particularly 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.
Read more about Native Title: English Colonial Legacy, Jurisdictions Rejecting The Doctrine
Famous quotes containing the words native and/or title:
“Those poor farmers who came up, that day, to defend their native soil, acted from the simplest of instincts. They did not know it was a deed of fame they were doing. These men did not babble of glory. They never dreamed their children would contend who had done the most. They supposed they had a right to their corn and their cattle, without paying tribute to any but their governors. And as they had no fear of man, they yet did have a fear of God.”
—Ralph Waldo Emerson (1803–1882)
“All his works might well enough be embraced under the title of one of them, a good specimen brick, “On Heroes, Hero-Worship, and the Heroic in History.” Of this department he is the Chief Professor in the World’s University, and even leaves Plutarch behind.”
—Henry David Thoreau (1817–1862)