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Thorpe v. Commonwealth of Australia (No 3)

Australia.  12 June 1997 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Territory — Title — Aboriginal people in Australia — Declarations sought by plaintiff — Whether Commonwealth of Australia owing fiduciary duty to original people of Australia — Alleged illegal invasion, war crimes and genocide — Whether fiduciary duty extending to require Australia to move United Nations General Assembly to obtain Advisory Opinion from International Court of Justice — Whether Aboriginal people having separate rights and legal status including territorial sovereignty — Whether fiduciary relationship requiring Australia to negotiate with plaintiff with respect to obtaining Advisory Opinion — Whether declarations appropriate — Genocide Convention Act 1949 (Commonwealth) — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Whether justiciable “matter” — Commonwealth Constitution, Sections 75 and 76 — The law of Australia

Keywords

Type
Case Report
Copyright
© Cambridge University Press 2001

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