Indigenous Peoples and the Law - Ancient Customs: Modern DilemmasFaculty Scholarship
- indigenous peoples,
- Customary Law,
- Native Title,
- Domestic Law,
- non-indigenous law,
- international law
AbstractIndigenous people have a variety of complex relationships to law in nations such as Australia, Canada, New Zealand and the United States where non-indigenous people constitute the majority of the population. Customary law has been recognised in each of these nations as a source of domestic law, but this recognition has created various tensions. For instance, Native Title looks to customary law for its definition, but non-indigenous society demands that Native Title be managed by modern Indigenous institutions created under non-indigenous law. Issues of federalism and international law influence the interaction of Indigenous and non-indigenous law against a background of the history of particular peoples. Culture provides a framework for how each country will handle the ongoing relationship of Indigenous and non-Indigenous law.
Citation Information1 The Verdict 43 (2009).