))
Episode 17 - Native Title and the Case of Eddie Mabo
Manage episode 462572885 series 3567324
内容由Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker AO, Emeritus Professor Stephen Bottomley, and Emeritus Professor Stephen Parker AO提供。所有播客内容（包括剧集、图形和播客描述）均由 Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker AO, Emeritus Professor Stephen Bottomley, and Emeritus Professor Stephen Parker AO 或其播客平台合作伙伴直接上传和提供。如果您认为有人在未经您许可的情况下使用您的受版权保护的作品，您可以按照此处概述的流程进行操作https://zh.player.fm/legal。
Send us a text message with feedback
All legal systems of previously colonised countries have grappled with the idea of land rights for the original peoples of those countries and the claims of settlers or conquerors. Australia was an unusual case. It wasn't exactly conquered. Nor did the Indigenous peoples cede the land to the English settlers.
The only remaining option under international law at the time was for Australia to have been "discovered". But this meant ignoring the thousands of people who had "discovered" it tens of thousands of years earlier. Australia was declared "terra nullius" - land belonging to no one.
The consequence was that the British Crown acquired sovereignty and any native land rights were extinguished.
The fiction of terra nullius became more and more repugnant and eventually the High Court of Australia found a way through, in the case of Mabo v Queensland (No 2) in 1992. The Crown (now the Australian states) had legal title but Indigenous people who could show continuous occupation might have "beneficial" title, unless it had actually been extinguished.
In this extended episode we hear from Professor Kate Galloway, an expert in land law with long experience of native title matters, about the case of Eddie Mabo, one of the most important cases in Australian legal history.
For more information about your hosts and the Law in Context podcast series visit our website at https://lawincontext.com.au
17集单集
分享
