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Justice in transition: on territory, restitution and history
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posted on 2023-06-08, 16:11 authored by Sascha-Dominik Bachmann, Tom FrostColonialism has had a huge impact upon the legal systems of countries around the world. The historical impact of the British Empire can still be felt today in countries as diverse as Australia and South Africa. This effect is explored in both these countries, both in its historical form of racial discrimination, as well as the modern consequences of this colonial past. This chapter will reflect on the Aboriginal land rights litigation in Australia , as well as the failed South African Apartheid litigation. By using these as examples, it aims to determine how certain conceptions of the Rule of Law and formal equality can lead to profound and ingrained legal discrimination against indigenous peoples.
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Publication status
- Published
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SpringerIssue
4Page range
83-108Pages
376.0Book title
Current issues in transitional justice: towards a more holistic approachISBN
9783319093895Series
Springer series in transitional justiceDepartment affiliated with
- Law Publications
Full text available
- No
Peer reviewed?
- Yes
Editors
Natalia Szablewska, Sascha-Dominik BachmannLegacy Posted Date
2013-10-23Usage metrics
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