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

• Main Author: TANG, Hang Wu
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2013
• Subjects: Asian Studies; Commercial Law; Law and Race; Property Law and Real Estate
• Online Access: https://ink.library.smu.edu.sg/sol_research/1326; https://ink.library.smu.edu.sg/context/sol_research/article/3278/viewcontent/TangHW2013FiduciarySarawak.pdf
• Institution: Singapore Management University

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 r...