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Revenge of the Mer-man

28 April 2011 / James Wilson
Issue: 7463 / Categories: Blogs
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James Wilson reports on Eddie Mabo’s victory over colonialism

Prime Minister David Cameron recently attracted headlines when he suggested that “with so many of the problems of the world, we are responsible for their creation in the first place”. Opinion was divided, both on the accuracy of his statement and the merits of him saying it whether true or not.

Offensive gloss

One thing Britain did create, in 1788, was the modern state of Australia. At the time, it was considered there were three ways in which title to land could be acquired: conquest, cession, and terra nullius—land with no human occupants. For the last of those concepts, an offensive gloss was added by European lawyers to the effect that “primitive tribes” did not count, as they had no recognisable legal system. The Australian Aborigines found themselves labelled as such.

Lumped in with the same fate were the inhabitants of the tiny Murray Islands, three islands with a combined area of nine square miles, situated in the Torres Strait (the sea between Australia and Papua

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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