Justice in transition: On territory, restitution and history

Sascha Dominik Bachmann; Tom Frost

doi:10.1007/978-3-319-09390-1_4

Justice in transition: On territory, restitution and history

Sascha Dominik Bachmann, Tom Frost

Research output: A Conference proceeding or a Chapter in Book › Chapter › peer-review

2 Citations (Scopus)

Abstract

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.

Original language	English
Title of host publication	Current Issues in Transitional Justice
Subtitle of host publication	Towards a More Holistic Approach
Editors	Natalia Szablewska, Sascha-Dominik Bachmann
Place of Publication	Switzerland
Publisher	Springer
Chapter	4
Pages	83-108
Number of pages	26
Volume	4
Edition	1
ISBN (Electronic)	9783319093901
ISBN (Print)	9783319093895
DOIs	https://doi.org/10.1007/978-3-319-09390-1_4
Publication status	Published - 2015
Externally published	Yes

Publication series

Name	Springer Series in Transitional Justice
Publisher	Springer
Volume	4

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

Access to Document

10.1007/978-3-319-09390-1_4

Cite this

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Justice in transition: On territory, restitution and history. / Bachmann, Sascha Dominik; Frost, Tom.
Current Issues in Transitional Justice: Towards a More Holistic Approach. ed. / Natalia Szablewska; Sascha-Dominik Bachmann. Vol. 4 1. ed. Switzerland: Springer, 2015. p. 83-108 (Springer Series in Transitional Justice; Vol. 4).

Research output: A Conference proceeding or a Chapter in Book › Chapter › peer-review

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Justice in transition: On territory, restitution and history

Abstract

Publication series

UN SDGs

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