Aboriginal Title

• Main Author: Mostert, Hanri
• Format: Book Part
• Language: English
• Published: Oxford University PressNew York 2019
• Subjects: Canada; New Zealand; Paras; First Nations
• Online Access: http://dx.doi.org/10.1093/oso/9780198835097.003.0002; https://academic.oup.com/book/chapter-pdf/59189121/isbn-9780198835097-book-part-2.pdf

Abstract Aboriginal title/native title is a term referring to the proprietary, customary law interests in land of indigenous communities or ‘first nations’, employed mainly in common law jurisdictions such as Canada, the US, Australia, and New Zealand (→ Minorities, International Protection). In some contexts-eg Canada-a distinction is made between aboriginal rights and aboriginal title. Aboriginal rights are defined in terms of certain activities which flow from the practices, customs, or traditions integral to the distinctive culture of the indigenous group claiming such rights, whereas aboriginal title refers more generally to the right to land itself. In other contexts-eg Australia-native title is regarded as a collective term for particular species of legal rights. Accordingly, the use of these terms differs slightly depending on how the conceptual basis of aboriginal title/native title is viewed (see paras 4-14 below). The doctrine of aboriginal title is applied in jurisdictions which formerly were colonies of the British Empire, or which were under its influence, especially where colonial settlement was prominent and permanent, and indigenous identities have not been obscured (→ Colonialism). The doctrine of aboriginal title recognizes that land was used and occupied by aboriginal or indigenous peoples-the original inhabitants of colonized lands-before the advent of colonization and the arrival of settlers.