Aboriginal Environmental Rights in Tort

Abstract

While environmental rights have largely been situate within the public law realms of statute and constitutional provisions, tort constitutes an important complementary tool for protecting environmental entitlements. Aboriginal peoples face system barriers to accessing the protections provided by tort law, in particular the law of nuisance and trespass. This Article argues for an application of tort law that is sensitive to the formal and substantive equality rights of Aboriginal peoples in the area of environmental protection.

Keywords: tort law, nuisance law, Thomas v Rio Tinto, toxic tort, property torts, Aboriginal law, environmental law, environmental rights, Aboriginal rights