Intertemporal law

Intertemporal Law is a new concept in the field of legal theory.

It deals with the complications caused by alleged abuse or violation of collective or individual rights in the historical past, in a territory whose legal system underwent significant changes since then, and a redress along the lines of the current legal regime is virtually impossible.

A good example of an Intertemporal Law problem is the situation of Aboriginal native title claims in Australia. While the justice system has recognised the theoretical right of Aborigines to the territory of Australia, the Supreme Court is reluctant to grant practical Native Title to any tribal group, since this would create a problematic legal precedent: It is impossible to remove the entire non-native population and give the continent back to its original inhabitants.

The origins of Intertemporal Law as a legal theoretical concept, especially in relation to the use of force, are to be found in CJ Huber's discussion in the "Palmas Arbitration" case. ("Islands of Palmas Arbitration", Netherlands v US, 1928) where he stated "a juridicial fact must be appreciated in the light of the law contemporary with it."

ee also

*Alaska Native Claims Settlement Act
*Native title
*Reparations Agreement between Israel and West Germany
*Reparations for slavery