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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 Frost
Colonialism 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.

History

Publication status

  • Published

Publisher

Springer

Issue

4

Page range

83-108

Pages

376.0

Book title

Current issues in transitional justice: towards a more holistic approach

ISBN

9783319093895

Series

Springer series in transitional justice

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Editors

Natalia Szablewska, Sascha-Dominik Bachmann

Legacy Posted Date

2013-10-23

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