The Fiduciary Doctrine as a New Pathway: An Alternative Approach to Analysing Native Customary Rights in Sarawak

16 Pages Posted: 18 Dec 2013 Last revised: 29 Jun 2021

See all articles by Hang Wu Tang

Hang Wu Tang

Singapore Management University - School of Law

Date Written: December 17, 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.

Suggested Citation

Tang, Hang Wu, The Fiduciary Doctrine as a New Pathway: An Alternative Approach to Analysing Native Customary Rights in Sarawak (December 17, 2013). Australian Journal of Asian Law, 2013, Vol 14 No 2, Article 4: 239-253, Available at SSRN: https://ssrn.com/abstract=2368632

Hang Wu Tang (Contact Author)

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

HOME PAGE: http://law.smu.edu.sg/directory/tang-hang-wu

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