Conquered, ceded or settled?: the legal history of customary land title in Australia and Wales

Davies, Chris (2013) Conquered, ceded or settled?: the legal history of customary land title in Australia and Wales. In: Australia New Zealand Law and History Society Conference. From: Australia New Zealand Law and History Society Conference, 25-27 November 2013, Dunedin, New Zealand.

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Abstract

Traditionally there were three methods as to how land was acquired by imperial powers, namely conquered, ceded or settled. Up until the High Court of Australia's decision in Mabo v Queensland (1992) 175 CLR 1, the enlarged notion of terra nullius had been applied to Australia on the grounds that, as it was practically unoccupied with no land under cultivation, it could be considered as a settled country with no recognition of the customary law. In Mabo, however, this enlarged notion of terra nullius was overturned and, from a legal perspective, Australia was considered to be the equivalent of a conquered country. This then meant that customary laws survived until overruled by laws from the 'conquering' country. In Wales, meanwhile, the country had been conquered by England in 1285, though it was not until the sixteenth century that English law was made to apply to Wales. However, special exceptions were made in regard to three counties in North Wales, and as a consequence there is a legal argument that some customary land law may still survive.

Item ID: 32049
Item Type: Conference Item (Presentation)
Keywords: customary title
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Date Deposited: 16 Apr 2014 04:40
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180101 Aboriginal and Torres Strait Islander Law @ 100%
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