Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

A Rising Tide of Aboriginal Sea Claims: Implications of the Mabo Case in Australia

A Rising Tide of Aboriginal Sea Claims: Implications of the Mabo Case in Australia 359 A Rising Tide of Aboriginal Sea Claims: Implications of the Mabo Case in Australia Anthony Bergin University College, University of New South Wales; Australian Defence Force Academy, Canberra, Australia On 3 June 1992 a majority of the High Court ruled in favour of Mr. Eddie Mabo and others in the claim against the Queensland government for recognition of their ownership of most of Mer, one of three islands in the Murray Group in eastern Torres Strait.' In Mabo the court effectively overturned the long-held legal doctrine of terra nullius, which maintained that Australia was land belonging to no one prior to Crown acquisition of sovereignty. The High Court established that the people of Mer hold a "native title" to their island which is recognized under Australian law. The case has changed the political and legal setting in which indigenous issues are being considered in Australia. This article considers the question of whether native title rights apply to the traditional use of coastal and other waters. Are native title claims to areas beyond the foreshores-e.g. to the sea-bed and territorial sea areas-capable of determination on Mabo principles.2 2 Background Eddie Mabo was a member of the Meriam people http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Marine and Coastal Law Brill

A Rising Tide of Aboriginal Sea Claims: Implications of the Mabo Case in Australia

Download PDF
13 pages

Loading next page...
 
/lp/brill/a-rising-tide-of-aboriginal-sea-claims-implications-of-the-mabo-case-UXIrbBmZ9M

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
© 1993 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0927-3522
eISSN
1571-8085
DOI
10.1163/157180893X00116
Publisher site
See Article on Publisher Site

Abstract

359 A Rising Tide of Aboriginal Sea Claims: Implications of the Mabo Case in Australia Anthony Bergin University College, University of New South Wales; Australian Defence Force Academy, Canberra, Australia On 3 June 1992 a majority of the High Court ruled in favour of Mr. Eddie Mabo and others in the claim against the Queensland government for recognition of their ownership of most of Mer, one of three islands in the Murray Group in eastern Torres Strait.' In Mabo the court effectively overturned the long-held legal doctrine of terra nullius, which maintained that Australia was land belonging to no one prior to Crown acquisition of sovereignty. The High Court established that the people of Mer hold a "native title" to their island which is recognized under Australian law. The case has changed the political and legal setting in which indigenous issues are being considered in Australia. This article considers the question of whether native title rights apply to the traditional use of coastal and other waters. Are native title claims to areas beyond the foreshores-e.g. to the sea-bed and territorial sea areas-capable of determination on Mabo principles.2 2 Background Eddie Mabo was a member of the Meriam people

Journal

The International Journal of Marine and Coastal Law – Brill

Published: Jan 1, 1993

There are no references for this article.