Consent, custom and international law in South Africa: What Australian lawmakers could learn
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.
ISSN: 1037-969X; 2398-9084
Rights Statement: This version in OUR Archive is the author's manuscript accepted for publication after peer-review. The published version is: Young, S. (2019). Consent, custom and international law in South Africa: What Australian lawmakers could learn. Alternative Law Journal, 44(3), 197–202. https://doi.org/10.1177/1037969X19853853
Keywords: Customary law; Common law; International law; consent; South Africa; Indigenous legal issues
Research Type: Journal Article
- Law Collection 
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