Publication Type

Journal Article

Publication Date

12-2013

Abstract

This paper explores the use of the fiduciary doctrine whereby the state is conceived as a fiduciary vis-à-vis her native peoples and attendant equitable remedies are made available for the native customary rights over land in Sarawak. Thus far, most challenges to extinguishment of native customary rights in Sarawak have proceeded on constitutional grounds, with little success. This article draws on the jurisprudence of fiduciary law in other parts of the Commonwealth and argues that this is a viable alternative cause of action against the state.

Discipline

Asian Studies | Commercial Law | Law and Race | Property Law and Real Estate

Research Areas

Commercial Law

Publication

Australian Journal of Asian Law

Volume

14

Issue

2

First Page

1

Last Page

15

ISSN

1443-0738

Publisher

University of Melbourne Law School

Additional URL

http://ssrn.com/abstract=2368632

Share

COinS