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The following case study - drafted for the 2016 ILA Committee meeting - is a unique example for the triangular relationship between investors, states and indigenous communities, and has been investigated both from an investment law and human rights perspective. It thus bears particular relevance...
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In the landmark Love decision the High Court by a 4:3 majority found that Indigenous people, due to their ancient connection with the Australian continent, are not ‘aliens’ under s 51(xix) regardless of citizenship status. The judgments revisited ongoing conceptual tensions relating to the...
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Multiculturalism has taken a life of its own, swinging too far in one direction. The authors claim that the rapidly changing reality calls for a new majority-minority theory and argue that the moral justifications for cultural minority rights should also apply to majority groups. They present...
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This paper argues that Charter 88 was fundamentally both the product and catalyser of an ‘aversive' constitutionalist reaction on the Left and Centre of British politics to the perceived excesses of Thatcherite Conservative rule. Alongside this, other longer term, secular trends were also...
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