A guide to overseas precedents of relevance to native title

Cases from overseas jurisdictions arise in political and legal contexts quite different to our own. Often decisions are reliant on a particular facet of that legal or political system which renders them inapplicable to Australia. However, in some circumstances, with an appropriate understanding of the context in which they arose, decisions can be argued effectively in Australia.

Each chapter of this manual provides both an outline of the relevant case law from the United States, Canada and New Zealand, and an explanation as to the applicability of that law to Australia. In addition, there is also discussion of some of the key features of those legal systems as they apply to Indigenous peoples, along with some further readings, which provide detailed analysis of all the features discussed.