Is Native Title a Proprietary Right?
AbstractThis paper seeks to examine the nature of native title. In particular, it examines how Indigenous law may be interpreted through what Indigenous lawyer and activist, Noel Pearson, has called the ‘recognition space’ of native title. In doing so it considers the synonymies of Indigenous law with common law property and personal rights and analyses the advantages of linking these sets of rights but the paper also reflects on the disadvantages that emerge through employment of such a model. Finally, the paper also incorporates a discussion of the recent High Court case Western Australia v Ward in so far as it relates to questions on the nature of native title. |