forced the debate into the political arena" by refusing to recognize any legal obliga tion on the Crown to take cognizance of aboriginal rights based on customary native tenure as "their relationship with the land could not be characterized as proprietary interest." But the authors submit that the Milirrpum court "failed to discover the existence of communal native title" because they operated in conceptual framework, the law of real property, which was not equal to the task.
The Commonwealth of Australia appears to have "blocked further action through the courts and. Nowhere is this more true than in Australia where there are no treaties and few statutes which make any attempt to protect the rights of the original inhabitants of the continent. That resulted in a ruling against intrinsic native land rights in 1971.Concern for aboriginal rights has been mounting in many former British colonies in the last decade. The development was opposed by the indigenous inhabitants, which gave rise to the legal action Milirrpum v Nabalco Pty Ltd (Gove land rights case). Nabalco was formed from a consortium including the Swiss-based Alusuisse (70%) and the Australian company CSR Limited. Nabalco was renamed Alcan Gove Pty Ltd in 2002. Nabalco, (North Australian Bauxite and Alumina Company) was a mining and extraction company set up in 1964 to exploit bauxite reserves on the Gove Peninsula, Australia.That resulted in a ruling against intrinsic native land rights in 1971.
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