• Political Science
  • Published 2018

Compensation for economic and non-economic loss by extinguishment or impairment of native title: a critical and comparative analysis of developments in Australian case law

@inproceedings{Arlidge2018CompensationFE,
  title={Compensation for economic and non-economic loss by extinguishment or impairment of native title: a critical and comparative analysis of developments in Australian case law},
  author={Kylie Arlidge and G. Douglas Meyers},
  year={2018}
}
The recent developments in case law concerning compensation for extinguishment and impairment of native title do not adequately recognise its sui generis status as a right existing prior to the British colonisation of Australia. Both Australian legal principles and jurisprudence from other common law countries such as the US and Canada suggest that a restrictive view limiting native title rights and interests to those practised in antiquity should not be taken, and strict common law principles… CONTINUE READING