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Unpublished Paper
THE RECOGNITION OF INDIGENOUS PEOPLES’ LAND: APPLICATION OF THE CUSTOMARY LAND RIGHTS MODEL ON THE BEDOUIN CASE
ExpressO (2014)
  • Morad Elsana
Abstract
ABSTRACT This paper introduces new possibilities for the recognition of Bedouin land in Israel. It shows that the application of the prevalent methods of indigenous land recognition is possible in the Bedouin case, and it would bring legal recognition of Bedouin land rights. The paper first presents the recognition of indigenous peoples land right in Canada, Australia, and other countries, while concentrating on the native title doctrine and the adoption of indigenous customary law. It shows how many colonial legal systems eventually discovered that their judicial systems included principles that recognize indigenous customary land rights. The application of such principles rapidly lead to the recognition of indigenous land right. The author argues that similar to many colonial systems, the judicial system in Israel also includes several legal principles which recognize Bedouin customary law and their customary land rights. Therefore, the application of these principles would bring the recognition of Bedouin land rights in Israel.
Keywords
  • Indigenous land rights,
  • Bedouin in Israel,
  • customary law,
  • land dispossession
Publication Date
January 19, 2014
Citation Information
Morad Elsana. "THE RECOGNITION OF INDIGENOUS PEOPLES’ LAND: APPLICATION OF THE CUSTOMARY LAND RIGHTS MODEL ON THE BEDOUIN CASE" ExpressO (2014)
Available at: http://works.bepress.com/morad_elsana/1/