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Aboriginal title does not constitute allodial title or radical title in any jurisdiction. Instead, its content is generally described as a usufruct , i.e. a right to use, although in practice this may mean anything from a right to use land for specific, enumerated purposes, or a general right to use which approximates fee simple .
Unlike nearly all common law jurisdictions, the United States acknowledges that aboriginal title may be acquired post-sovereignty; a "long time" can mean as little as 30 years. [13] However, the requirement of exclusivity may prevent any tribe from claiming aboriginal title where multiple tribes once shared the same area. [ 14 ]
National Native Title Tribunal definition: [3] [Native title is] the communal, group or individual rights and interests of Aboriginal people and Torres Strait Islander people in relation to land and waters, possessed under traditional law and custom, by which those people have a connection with an area which is recognised under Australian law (s 223 NTA).
Most Aboriginal people today speak English and live in cities. Some may use Aboriginal phrases and words in Australian Aboriginal English (which also has a tangible influence of Aboriginal languages in the phonology and grammatical structure). Many but not all also speak the various traditional languages of their clans and peoples.
The embassy was established in response to the McMahon Coalition Government's refusal to recognise Aboriginal land rights or native title in Australia, instead offering 50-year general-purpose leases for Aboriginal people which would be conditional upon their "intention and ability to make reasonable economic and social use of land", while ...
Today, Indigenous sovereignty generally relates to "inherent rights deriving from spiritual and historical connections to land". [1] Indigenous studies academic Aileen Moreton-Robinson has written that the first owners of the land were ancestral beings of Aboriginal peoples, and "since spiritual belief is completely integrated into human daily activity, the powers that guide and direct the ...
The term "Aborigine" was coined by white settlers in Australia in the 1830s from ab origine, a Latin phrase meaning "from the very beginning". [2] [3]Until the 1980s, the sole legal and administrative criterion for inclusion in this category was race, classified according to visible physical characteristics or known ancestors.
Sims' Lessee v. Irvine (1799) was the first Supreme Court decision to discuss aboriginal title (albeit briefly), and the only such decision before the Marshall Court. The Court found ejectment jurisdiction over certain lands, notwithstanding the defendant's claim (in the alternative to the claim that the defendant himself held title) that the lands were still held in aboriginal title because: