Publication Type
Journal Article
Version
publishedVersion
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
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
Citation
TANG, Hang Wu.
The Fiduciary Doctrine as a New Pathway: An Alternative Approach to Analysing Native Customary Rights in Sarawak. (2013). Australian Journal of Asian Law. 14, (2), 1-15.
Available at: https://ink.library.smu.edu.sg/sol_research/1326
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
http://ssrn.com/abstract=2368632
Included in
Asian Studies Commons, Commercial Law Commons, Law and Race Commons, Property Law and Real Estate Commons