Consent, custom and international law in South Africa: What Australian lawmakers could learn
Young, Stephen
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Abstract:
This article summarises a recent South African case, Baleni v Minister of Mineral Resources. It also analyses the Court’s reasoning to explore how a non-Australian common law state protects a traditional community’s customary laws and practices through legislation, a Constitutional Bill of Rights, and international law. Although a South African case, Baleni demonstrates how similar common law countries have adopted distinct approaches to protecting and treating traditional communities, from which Australian lawmakers could learn.
Date:
2019
Publisher:
Sage
Published in:
Alternative Law Journal, volume 44, issue 3
Pages:
197-202
Rights Statement:
Uncertain, but Sage probably owns copyright.
Keywords:
Indigenous peoples; customary law; international law; consent; South Africa; Baleni v Minister of Mineral Resources; Minerals and Petroleum Resources Development Act; Xolobeni; Land Rights
Research Type:
Journal Article
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