Category: Volume 30
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Democratizing Treaty Fishing Rights: Denying Fossil-Fuel Exports in the Pacific Northwest
Indian treaty fishing rights scored an important judicial victory recently when an equally divided U.S. Supreme Court affirmed the Ninth Circuit’s decision in the so-called “culverts case,” which decided that the Stevens Treaties of the 1850s give the tribes a right to protect salmon migration obstructed by barrier road culverts. The implications of that decision…
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Priority Disputes Between Holders of Old Order Mineral Rights and Holders of Prospecting Rights or Mining Rights Under the MPRDA in South Africa: Aquila Has Not Landed
“Cui bono?” Cicero As part of the radical transformation of the mineral regime of South Africa, the African National Congress (“ANC”) government introduced the Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”) on May 1, 2004. The MPRDA not only vested mineral resources in the custody of the state but also provided for…