Native Title Rights in the Territorial Sea and Beyond: Exclusivity and Commerce in the Akiba Decision

Abstract

The principles that regulate the recognition and enforcement of native title rights and interests in both the territorial and the high seas are discussed. The context of the territorial and high seas, where a parallel structure provides a strong foundation for the promotion and recognition of co-coordinated practices, a far greater potential exists for the endorsement of native title rights which connect to evolving social and economic frameworks, as can be seen in the recent decision of Finn J in Akiba.