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  • Consent, custom and interna...
    Stephen Young

    Alternative law journal, 09/2019, Letnik: 44, Številka: 3
    Journal Article

    This article summarises a recent South African case, Baleni v Minister of Mineral Resources. It also analyses the Court's reasoning to explore how a non-Australian common law state protects a traditional community's customary laws and practices through legislation, a Constitutional Bill of Rights, and international law. Although a South African case, Baleni demonstrates how similar common law countries have adopted distinct approaches to protecting and treating traditional communities, from which Australian lawmakers could learn.