| 翻訳と辞書 |
| Akiba v Commonwealth ： ウィキペディア英語版 |
Akiba v Commonwealth
Akiba on behalf of the Torres Strait Regional Seas Claim Group v Commonwealth of Australia () HCA 33 (7 August 2013) is a landmark Australian judgment of the High Court.〔( Akiba on behalf of the Torres Strait Regional Seas Claim Group v Commonwealth of Australia [2013] HCA 33 ) at Austlii.com.au.〕 The matter related to Native title rights, their extension to other persons and their extinguishment by Statute.
==Facts==
A group of Torres Strait Islanders lodged an appeal to the Australian Courts to establish a right to fish for sale and trade. This was opposed by the Commonwealth and Queensland State Governments who held, based on the decision in Western Australia v Ward,〔Western Australia v Ward (2002) 213 CLR 1〕 that native title was a bundle of rights that were subservient to statute and that successive generations of fishing regulations over the subject waters from the 1850s, had required fishing licences and so had caused extinguishment of some of these native title rights specifically the right to fish for sale and trade.
The appellant counter-argued that it was never the intention of the Government to extinguish native title. The appellant argued that fishing licensing did not prohibit but merely regulated commercial fishing. Indeed, a number of government schemes had been enacted to assist Torres Strait Islanders in setting up fishing enterprises.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Akiba v Commonwealth」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|