Justice in Transition: On Territory, Restitution and History

Chapter
Part of the Springer Series in Transitional Justice book series (SSTJ, volume 4)

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.

Keywords

Colonialism Apartheid Litigation Aboriginal land rights litigation Post-colonial restitution Racial discrimination and transitional justice TRC in South Africa 

Copyright information

© Springer International Publishing Switzerland 2015

Authors and Affiliations

  1. 1.Executive Business CentreBournemouth UniversityBournemouthUK
  2. 2.Law SchoolUniversity of SussexBrightonUK

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