تحقیق درباره Genocide and Australian Law - دانلود رایگان
دانلود رایگان تعداد صفحه : 9Genocide and Australian Law by Neil Lofgren and Peter Kilduff Recent comments in
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| تحقیق درباره Genocide and Australian Lawفرمت فایل: ورد - Word ( مرجع فایل - قابل ویرایش ) Genocide and Australian Law by Neil Lofgren and Peter Kilduff Recent comments in Coe (on behalf of the Wiradjuri tribe) v The Commonwealth (1993) 118 ALR 193 represent the first discussion by a justice of the High Court of the legal implications of genocide against Aboriginal and Torres Strait Islander people. These statements were made in the context of a native title land claim which specifically sought a declaration in relation to genocide that: ... the plaintiff and the Wiradjuri nation and people are entitled to reparations for acts of genocide and other crimes against humanity inflicted upon [them].[1] The Chief justice ruled that the paragraphs in the statement of claim specifically dealing with genocide failed both to adequately plead the grounds for relief and to identify the provisions or principles of law applicable when the alleged acts were committed. The entire statement of claim was subsequently struck out because it amounted to an abuse of process, and leave was granted for the plaintiff to file and serve an amended statement of claim.[2] It has been suggested that the Chief justice refrained from criticising the "inflammatory" language in the statement of claim because he did not wish to appear to disapprove of the “(self-described) emotional diction of Deane and Gaudron JJ in Mabo v Queensland [No 2] (1992) 175 CLR 1 at 120 .[3] This dicta may have been inspired by that of Murphy J in Tasmania v The Commonwealth (Tasmanian Dam Case) (1983) 158 CLR 1 at 180 about "unprovoked aggression, conquest, pillage, rape, brutalisation [and] attempted genocide and systematic and unsystematic destruction of their culture" in the history of Aboriginal affairs.[4] The Coe case was also referred to in a media release by the Hon. Wayne Goss MLA, Premier of Queensland, in relation to instructions by his Cabinet پرداخت آنلاین و دانلود در قسمت پایین دریافت فایل جهت کپی مطلب از ctrl+A استفاده نمایید نماید |