Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, except to the national government, and that it may be held either individually or collectively.

Aboriginal title was first acknowledged in the early 19th century, in decisions in which indigenous peoples were not a party. Significant aboriginal title litigation resulting in victories for indigenous peoples did not arise until recent decades. The majority of court cases have been litigated in Australia, Canada, Malaysia, New Zealand, and the United States. Aboriginal title is an important area of comparative law, with many cases being cited as persuasive authority across jurisdictions. Many commentators believe that the doctrine is applicable in all common law legal systems.

Aboriginal title is also referred to as indigenous title, native title (particularly in Australia), original Indian title (particularly in the United States), and customary title (particularly in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary international law, it has been codified nationally by legislation, treaties, and constitutions.

English colonial legacy

Aboriginal title arose at the intersection of three common law doctrines articulated by the Judicial Committee of the Privy Council: the Act of State doctrine, Doctrine of Continuity, and the Recognition Doctrine. The Act of State doctrine held that The Crown could confiscate or extinguish real or personal property rights the process of conquering, without scrutiny from any British court, but could not perpetrate an Act of State against its own subjects. The Doctrine of Continuity presumed that The Crown did not intend to extinguish private property upon acquiring sovereignty, and thus that pre-existing interests were enforceable under British law. Its mirror was the Recognition Doctrine, which held that private property rights were presumed to be extinguished in the absence of explicit recognition.

In the same year in which the Doctrine of Continuity emerged, Edward Coke delivered a famous dicta in ''Calvin’s Case'' (1608) that the laws of all non-Christians would be abrogated upon their conquest. Coke's view was not put into practice, but was rejected by Lord Mansfield in 1774. The two doctrines were reconciled, with the Doctrine of Continuity prevailing in nearly all situations (except, for example, public property of the predecessor state) in ''Oyekan v Adele'' (1957).

The first Indigenous land rights case under the common law, ''Mohegan Indians v. Connecticut'', was litigated from 1705–1773, with the Privy Council affirming without opinion the judgement of a non-judicial tribunal. Other important Privy Council decisions include ''In re Southern Rhodesia'' (1919) and ''Amodu Tijani v. Southern Nigeria (Secretary)'' (1921). The former rejected a claim for aboriginal title, noting that: "Some tribes are so low in the scale of social organization that their usages and conceptions of rights and duties are not to be reconciled with the institutions or the legal ideas of civilized society. Such a gulf cannot be bridged." Just two years later, ''Amodu Tijani'' laid the basis for several elements of the modern aboriginal title doctrine, upholding a customary land claim and urging the need to "study of the history of the particular community and its usages in each case." Subsequently, the Privy Council issued many opinions confirming the existence of aboriginal title, and upholding customary land claims. Modern decisions have heaped criticism upon the views expressed in ''Southern Rhodesia''.

Doctrinal overview

Recognition

The requirements for establishing an aboriginal title to the land vary across countries, but generally speaking, the aboriginal claimant must establish (exclusive) occupation (or possession) from a long time ago, generally before the assertion of sovereignty, and continuity to the present day.

Content

Aboriginal title does not constitute allodial title or radical title in any jurisdiction. Instead, its content is generally described as a usufruct, i.e. a right to use, although in practice this may mean anything from a right to use land for specific, enumerated purposes, or a general right to use which approximate fee simple.

It is common ground among the relevant jurisdictions that aboriginal title is inalienable, except to the federal government ("The Crown"), although Malaysia allows aboriginal title to be sold between indigenous peoples, unless contrary to customary law. Especially in Australia, the content of aboriginal title varies with the degree to which claimants are able to satisfy the standard of proof for recognition. In particular, the content of aboriginal title may be tied to the traditions and customs of the indigenous peoples, and only accommodate growth and change to a limited extent.

Extinguishment

Aboriginal title can be extinguished by The Crown, but again, the requirement to do this varies by country. Some require the legislature to be explicit when it does this, others hold that extinguishment can be inferred from the government's treatment of the land. In Canada, the Crown cannot extinguish aboriginal title without the explicit prior informed consent of the proper aboriginal title holders. New Zealand formerly required consent, but today requires only a justification, akin to a public purpose requirement.

Jurisdictions differ on whether the state is required to pay compensation upon extinguishing aboriginal title. Theories for the payment of compensation include the right to property, as protected by constitutional or common law, and the breach of a fiduciary duty.

History by jurisdiction

Australia

Australia did not experience native title litigation until the 1970s, when Indigenous Australians (both Australian Aborigines and Torres Strait Islanders) became more politically active. In 1971, Blackburn J. of the Supreme Court of the Northern Territory rejected the concept in ''Milirrpum v Nabalco Pty Ltd'' (the "Gove land rights case"). The Aboriginal Land Rights Commission was established in 1973 in the wake of ''Milirrpum''. Paul Coe, in ''Coe v Commonwealth'' (1979), attempted (unsuccessfully) to bring a class action on behalf of all Aborigines claiming all of Australia. The Aboriginal Land Rights Act 1976, by statute, established a procedure that returned approximately 40% of the Northern Territory to Aboriginal ownership; the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 had a similar effect in South Australia.

The High Court of Australia, after paving the way by striking down a State statute under the Racial Discrimination Act 1975, overruled ''Milirrpum'' in ''Mabo v Queensland (No 2)'' (1992). ''Mabo'', rejecting ''terra nullius'', held that native title exists (6-1) and is extinguishable by the sovereign (7-0), without compensation (4-3). In the wake of the decision, the Australian Parliament passed the Native Title Act 1993 (NTA), codifying the doctrine and establishing the National Native Title Tribunal (NNTT). ''Western Australia v Commonwealth'' (1995) upheld the NTA and struck down a conflicting Western Australia statute.

In 1996, the High Court held that pastoral leases, which cover nearly half of Australia, do not extinguish native title in ''Wik Peoples v Queensland''. In response, Parliament passed the Native Title Amendment Act 1998 (the "Ten Point Plan"), extinguishing a variety of Aboriginal land rights and giving state governments the ability to follow suit.

''Western Australia v Ward'' (2002) held that native title is a bundle of rights, which may be extinguished one by one, for example, by a mining lease. ''Yorta Yorta v Victoria'' (2002), an appeal from the first native title claim to go to trial since the Native Title Act, adopted strict requirements of continuity of traditional laws and customs for native title claims to succeed.

Belize

In ''A.-G. for British Honduras v. Bristowe'' (1880), the Privy Council held that the property rights of British subjects who had been living in Belize under Spanish rule with limited property rights, were enforceable against the Crown, and had been upgraded to fee simple during the gap between Spanish and British sovereignty. This decision did not involve indigenous peoples, but was an important example of the key doctrines that underlie aboriginal title.

In 1996, the Toledo Maya Cultural Council (TMCC) and the Toledo Alcaldes Association (TAA) filed a claim against the government of Belize in the Belize Supreme Court, but the Court failed to act on the claim. The Maya peoples of the Toledo District filed a complaint with the Inter-American Commission on Human Rights, which sided with the Maya in 2004 and stated that the failure of the government of Belize to demarcate and title the Maya cultural lands was a violation of the right to property in Article XXIII of the American Declaration. In 2007, Chief Justice Abdulai Conteh ruled in favor of the Maya communities of Conejo and Santa Cruz, citing the IACHR judgement and key precedents from other common law jurisdictions. The government entered into negotiations with the Maya communities, but ultimately refused to enforce the judgement.

In 2008, The TMCC and TAA, and many individual ''alcades'', filed a representative action on behalf of all the Maya communities of the Toledo District, and on June 28, 2010, CJ Conteh ruled in favor of the claimants, declaring that Maya customary land tenure exists in all the Maya villages of the Toledo District, and gives rise to collective and individual property rights under sections 3(d) and 17 of the Belize Constitution.

Botswana

A Botswana High Court recognized aboriginal title in ''Sesana and Others v Attorney General'' (2006), a case brought by named plaintiff Roy Sesana, which held that the San have the right to reside in the Central Kalahari Game Reserve (CKGR), which was violated by their 2001 eviction. The decision quoted ''Mabo'' and other international case law, and based the right on the San's occupation of their traditional lands from time immemorial. The court described the right as a "right to use and occupy the lands" rather than a right of ownership. The government has interpreted the ruling very narrowly and has allowed only a small number of San to re-enter the CKGR.

Canada

Aboriginal title has existed in Canada since the Privy Council, in ''St. Catherines Milling v. The Queen'' (1888), characterized it as a personal usufruct at the pleasure of the Queen. This case did not involve indigenous parties, but rather was a lumber dispute between the provincial government of Ontario and the federal government of Canada. ''St. Catherines'' was decided in the wake of the Indian Act (1876), which laid out an assimilationist policy towards the aboriginal peoples in Canada (First Nations, Inuit, and Métis), allowed provinces to abrogate treaties (until 1951), and made it a federal crime to prosecute First Nation claims in court, raise money, or organize to pursue such claims.

''St. Catherines'' was more or less the prevailing law until ''Calder v. British Columbia (Attorney General)'' (1973). All seven of the judges in Calder agreed that the claimed aboriginal title existed, and did not solely depend upon the Royal Proclamation of 1763. Six of the judges split 3-3 on the question of whether aboriginal title had been extinguished. The Nisga'a did not prevail because the seventh justice, Pigeon J, found that the Court did not have jurisdiction to make a declaration in favour of the Nisga'a in the absence of a fiat of the Lieutenant-Governor of B.C. Essentially, the Nisga'a lost because, before commencing the action, they did not receive permission from the provincial government to sue the government.

Section 91(24) of the Constitution Act, 1867 ("British North America Act 1867") gives the federal government exclusive jurisdiction over First Nations, and thus the exclusive ability to extinguish aboriginal title. Section Thirty-five of the Constitution Act, 1982 explicitly recognized and preserved aboriginal rights. ''R. v. Guerin'' (1982), the first Supreme Court of Canada decision handed down after the Constitution Act 1982, declared that aboriginal title was ''sui generis'' and that the federal government has a fiduciary duty to preserve it. ''R. v. Simon'' (1985) overruled ''R. v. Syliboy'' (1929) which had held that aboriginal peoples had no capacity to enter into treaties, and thus that the Numbered Treaties were void. A variety of non-land rights cases, anchored on the Constitution Act 1982, have also been influential.

''Delgamuukw v. British Columbia'' (1997) laid down the essentials of the current test to prove aboriginal title: "in order to make out a claim for aboriginal title, the aboriginal group asserting title must satisfy the following criteria: (i) the land must have been occupied prior to sovereignty, (ii) if present occupation is relied on as proof of occupation pre-sovereignty, there must be a continuity between present and pre-sovereignty occupation, and (iii) at sovereignty, that occupation must have been exclusive."

Subsequent decisions have drawn on the fiduciary duty to limit the ways in which The Crown can extinguish aboriginal title, and to require prior consultation where the government has knowledge of a credible, but yet unproven, claim to aboriginal title.

Malaysia

Malaysia recognized various statutory rights related to native customary laws ("''adat''") before its courts acknowledged the independent existence of common law aboriginal title. Native Customary Rights (NCR) and Native Customary Land (NCL) are provided for under section 4(2) of the National Land Code 1965, the Sarawak Land Code 1957, the respective provisions of the National Land Code (Penang and Malacca Titles) Act 1963, and the Customary Tenure Enactment (FMS). Rajah’s Order IX of 1875 recognized aboriginal title by providing for its extinguishment where cleared land was abandoned. Rajah’s Order VIII of 1920 ("Land Order 1920") divided "State Lands" into four categories, one of them being "native holdings," and provided for the registration of customary holdings. The Aboriginal People’s Act 1954 creates aboriginal areas and reserves, also providing for state acquisition of land without compensation. Article 160 of the Federal Constitution declares that custom has the force of law.

Malaysian court decisions from the 1950s on have held that customary lands were inalienable. In the 1970s, aboriginal rights were declared to be property rights, as protected by the Federal Constitution. Decisions in the 1970s and 1980s blocked state-sanctioned logging on customary land.

In 1997, Mokhtar Sidin JCA of the Jahore High Court became the first Malaysian judge to acknowledge common law aboriginal title in ''Adong bin Kuwau v. Kerajaan Negeri Johor''. The High Court cited the Federal Constitution and the Aboriginal Peoples Act, as well as decisions from the Privy Council, Australia, Canada, New Zealand, and the United States. That case was the first time where Orang Asli directly and expressly challenged a state taking of their land. The opinion held that: "the aborigines' common law rights include, inter alia, the right to live on their land as their forefathers had lived." The case was upheld on appeal, but the Federal Court did not write an opinion.

Later High Court and Court of Appeal decisions built upon the foundation of ''Adong bin Kuwau''. However, the ability for indigenous peoples to bring such suits was seriously limited by a 2005 ruling that claims must be brought under O. 53 RHC, rather than the representative action provision.

In 2007, the Federal Court of Malaysia wrote an opinion endorsing common law aboriginal title for the first time in ''Superintendent of Lands v. Madeli bin Salleh''. The Federal Court endorsed ''Mabo'' and ''Calder'', stating that "the proposition of law as enunciated in these two cases reflected the common law position with regard to native titles throughout the Commonwealth." The High Court of Kuching held in 2010, for the first time, that NCL may be transferred for consideration between members of the same community, as long as such transfers are not contrary to customary law.

New Zealand

New Zealand was the second jurisdiction in the world to recognize aboriginal title, but a slew of extinguishing legislation (beginning with the New Zealand land confiscations) has left the Māori with little to claim except for river beds, lake beds, and (until 2004) the foreshore and seabed. In 1847, in a decision that was not appealed to the Privy Council, the Supreme Court of the colony of New Zealand recognized aboriginal title in ''R. v Symonds''. The decision was based on common law and the Treaty of Waitangi (1840). Chapman J., went farther than any judge—before or since—in declaring that aboriginal title "cannot be extinguished (at least in times of peace) otherwise than by the free consent of the Native occupiers."

The New Zealand Parliament responded with the Maori Lands Act 1862 and the Native Rights Act 1865 which established the Native Land Court (today the Māori Land Court) to hear aboriginal title claims, and—if proven—convert them into freehold interests that could be sold to Pākehā. That court created the "1840 rule," which converted Māori interests into fee simple if they were sufficiently in existence in 1840, or else disregarded them. ''Symonds'' remained the guiding principle, until ''Wi Parata v the Bishop of Wellington'' (1877). ''Wi Parata'' undid ''Symonds'', advocating the doctrine of ''terra nullius'' and declaring the Treaty of Waiting unenforceable.

The Privy Council disagreed in ''Nireaha Tamaki v. Baker'', and other rulings, but courts in New Zealand continued to hand down decisions materially similar to ''Wi Parata''. The Coal Mines Amendment Act 1903 and the Native Land Act 1909 declared aboriginal title unenforceable against The Crown. Eventually, the Privy Council acquiesced to the view that the Treaty was non-justiciable.

Favorable court decisions turned aboriginal title litigation towards the lake beds, but the Māori were unsuccessful in claiming the rivers the beaches, and customary fishing rights on the foreshore. The Limitation Act 1950 established a 12 year statute of limitations for aboriginal title claims (6 years for damages), and the Maori Affairs Act 1953 prevented the enforcement of customary tenure against The Crown. The Treaty of Waitangi Act 1975 created the Waitangi Tribunal to issue non-binding decisions, concerning alleged breaches of the Treaty, and facilitate settlements.

''Te Weehi v Regional Fisheries Office'' (1986) was the first case to restore an aboriginal title claim in a New Zealand court since ''Wi Parata'', granting non-exclusive customary fishing rights. Subsequent cases began to rehabilitate the Treaty of Waitangi, declaring it the "fabric of New Zealand society" and thus relevant even to legislation of general applicability. ''New Zealand Maori Council v Attorney-General'' held that the government owed a fiduciary duty toward the Māori. This cleared the way for a variety of non-land Māori customary rights.

Circa the Te Ture Whenua Māori Act 1993, less than 5% of New Zealand was held as Māori customary land. In 2002, the Privy Council confirmed that the Maori Land Court, which does not have judicial review jurisdiction, is the exclusive forum for aboriginal title claims. In 2003, ''Attorney-General v Ngati Apa'' overruled ''In re Ninety Mile Beach'' and ''Wi Parata'', declaring that Māori could bring claims to the foreshore in Land Court. The Foreshore and Seabed Act 2004 extinguished those rights before any lower court could hear a claim. That legislation has been condemned by the Committee on the Elimination of Racial Discrimination. The 2004 Act was overturned in 2011 with the formation of the Marine and Coastal Area (Takutai Moana) Bill.

Papua New Guinea

The High Court of Australia, which had appellate jurisdiction before 1975, recognized aboriginal title in Papua New Guinea—decades before it did so in Australia—in ''Geita Sebea v Territory of Papua'' (1941), ''Administration of Papua and New Guinea v Daera Guba'' (1973) (the "Newtown case"), and other cases. The Supreme Court of Papua New Guinea followed suit.

Schedule 2 of the Constitution of Papua New Guinea recognizes customary land tenure, and 97% of the land in the country remains unalienated.

South Africa

The Constitutional Court of South Africa recognized aboriginal title in ''Alexkor v Richtersveld Community'' (2003), a suit under the Restitution of Land Rights Act 1994. The Land Claims Court had dismissed the complaint of the Richtersveld peoples, whose land was seized by a government owned diamond mining operation. The Supreme Court of Appeal disagreed, citing ''Mabo'' and ''Yorta Yorta'', but held that the aboriginal title had been extinguished. Whether the precedent will be the start of further land rights claims by indigenous peoples is an open question, given the cut-off date of 1913 in the Restitution Act.

Tanzania

In 1976, the Barabaig people challenged their eviction from the Hanang District of the Manyara Region, due to the government's decision to grow wheat in the region, funded by the Canadian Food Aid Programme. The wheat program would later become the National Agricultural and Food Corporation (NAFCO). NAFCO would lose a different suit to the Mulbadaw Village Council in 1981, which upheld customary land rights. The Court of Appeal of Tanzania overturned the judgement in 1985, without reversing the doctrine of aboriginal title, holding that the specific claimants had not proved that they were native. The Extinction of Customary Land Right Order 1987, which purported to extinguish Barabaig customary rights, was declared null and void that year.

The Court of Appeal delivered a decision in 1994 that sided with the aboriginal title claimant on nearly all issues, but ultimately ruled against them, holding that the Constitution (Consequential, Transitional and Temporary Provisions) Act, 1984—which rendered the constitutional right to property enforceable in court—was not retroactive. In 1999, the Maasai were awarded monetary compensation and alternative land by the Court of Appeal due to their eviction from the Mkomazi Game Reserve when a foreign investor started a rhino farm. The government has yet to comply with the ruling.

United States

The United States, under the tenure of Chief Justice John Marshall, became the first jurisdiction in the world to judicially acknowledge (in ''dicta'') the existence of aboriginal title in series of key decisions. Marshall envisioned a usufruct, whose content was limited only by "their own discretion," inalienable except to the federal government, and extinguishable only by the federal government. Early state court decisions also presumed the existence of some form of aboriginal title.

Later cases established that aboriginal title could be terminated only by the "clear and plain intention" of the federal government, a test that has been adopted by most other jurisdictions. The federal government was found to owe a fiduciary duty to the holders of aboriginal title, but such duty did not become enforceable until the late-20th century.

Although the property right itself is not created by statute, sovereign immunity barred the enforcement of aboriginal title until the passage of the Indian Claims Commission Act of 1946, which created the Indian Claims Commission (succeeded by the United States Court of Claims in 1978, and later the United States Court of Federal Claims in 1982). These bodies have no authority to title land, only to pay compensation. ''United States v. Alcea Band of Tillamooks'' (1946) was the first ever judicial compensation for a taking of Indian lands unrecognized by a specific treaty obligation. ''Tee-Hit-Ton Indians v. United States'' (1955) established that the extinguishment of aboriginal title was not a "taking" within the meaning of the Fifth Amendment. On the strength of this precedent, claimants in the Court of Federal Claims have been denied interest—which otherwise would be payable under Fifth Amendment jurisprudence—totalling billions of dollars ($9 billion alone, as estimated by a footnote in ''Tee-Hit-Ton'', in interest for claims then pending based on existing jurisdictional statutes).

Unlike Australia, Canada, and New Zealand, the United States allows aboriginal title to be created post-sovereignty; rather than existing since pre-sovereignty, aboriginal title need only have existed for a "long time" (as little as 30 years) to be compensable.

Jurisdictions rejecting the doctrine

There is no possibility for aboriginal title litigation in some Commonwealth jurisdictions; Barbados and Pitcairn Islands were uninhabited for hundreds of years prior to colonization, although they had previously been inhabited by Arawaks and Caribs, and Polynesians, respectively.

India

Unlike most jurisdictions, the doctrine that aboriginal title is inalienable never took hold in India, and sales from indigenous persons to both British subjects and aliens were widely upheld. The Pratt-Yorke opinion (1757), a joint opinion of England's Attorney-General and Solicitor-General, declared that land purchases by the British East India Company from the Princely states were valid even without a crown patent authorizing the purchase.

In a 1924 appeal from India, the Privy Council issued an opinion that largely corresponded to the Continuity Doctrine: ''Vaje Singji Jorava Ssingji v Secretary of State for India''. This line of reasoning was adopted by the Supreme Court of India in a line of decisions, originating with the proprietary claims of the former rulers of the Princely states, as well as their heirs and assigns. Adivasi land rights litigation has yielded little effect, and most Adivasi live in state-owned forests.

Footnotes

Citations

References

;Comparative

Bartlett, Richard H., and Jill Milroy (eds.). 1999. ''Native Title Claims in Canada and Australia: Delgamuukw and Miriuwung Gajerrong''.

Richard A. Epstein, Property Rights Claims of Indigenous Populations: The View from the Common Law, 31 U. Toledo L. Rev. 1 (1999).

Hazelhurst, Kayleen M. (ed.). 1995. ''Legal Pluralism and the Colonial Legacy''.

Hocking, Barbara Ann. 2005. ''Unfinished constitutional business?: rethinking indigenous self-determination''.

IWGIA. 1993. ''"...Never Drink from the Same Cup": Proceedings of the conference on indigenous peoples in Africa.

IWGIA. 2007. ''The Indigenous World''.

Liversage, Vincent. 1945. ''Land Tenure in the Colonies''. pp. 2–18, 45—53

Meek, C.K. 1946. ''Land Law and Custom in the Colonies''.

McNeil, Kent. 1989. ''Common Law Aboriginal Title''. Oxford University Press.

McNeil, Kent. 2001. ''Emerging Justice? essays on indigenous rights in Canada and Australia''.

Robertson, Lindsay G. 2005. ''Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands''. Oxford University Press. ISBN 0-19-514869-X.

Slattery, Brian. 1983. ''Ancestral lands, alien laws: judicial perspectives on aboriginal title''.

Young, Simon. 2008. ''Trouble with tradition: native title and cultural change''. Sydney: Federation Press.

;Australia

Bartlett, R. 2004 (2d ed.). ''Native Title in Australia''.

Brockwell, Sally. 1979. ''Aborigines and the law: a bibliography''.

Law Reform Commission. 1986. ''The recognition of Aboriginal customary laws''. Report No. 31. Parliamentary Paper No. 136/1986.

McCorquodale, John. 1987. ''Aborigines and the law: a digest''.

Reynolds, Henry. M.A. Stephenson & Suri Ratnapala (eds.). 1993. ''Native Title and Pastoral Leases, in Mabo: A Judicial Revolution—The Aboriginal Land Rights Decision and Its Impact on Australian Law''.

Strelein, L. 2009 (2d ed.). ''Compromised Jurisprudence: Native Title Cases Since Mabo''. Aboriginal Studies Press, Canberra.

;Bangaldesh

IWGIA. 2000. ''Land Rights of the Indigenous Peoples of the Chittagong Hill Tracts, Bangladesh''.

;Belize

Grandi, Liza. 2006. ''Unsettling: land dispossession and the Guatemalan and Belizean frontier colonization process''.

;Canada

Borrows, John. 2002. ''Recovering Canada: the resurgence of Indigenous law''.

Clark, Bruce A. 1990. ''Native Liberty, Crown Sovereignty''.

Foster, Hamar, Heather Raven & Jeremy Webber. 2007. ''Let Right Be Done: Aboriginal title, the Calder case, and the future of indigenous rights''.

;Ghana

Ollennu, N.A. 1962. ''Customary Land Law in Ghana''.

;Guyana

Bennett, Gordon & Audrey Colson. 1978. ''The damned: the plight of the Akawaio Indians of Guyana''.

;Hong Kong

Nissim, Roger. 2008 (2d ed.). ''Land administration and practice in Hong Kong''.

;Kenya

Mackenzie, Fiona. 1998. ''Land, ecology, and resistance in Kenya, 1880-1952''.

Odhiambo, Atieno. 1981. ''Siasa: politics and nationalism in E.A.''.

;Malaysia

Ramy Bulan. "Native Title as a Proprietary Right under the Constitution in Peninsula Malaysia: A Step in the Right Direction?" 9 ''Asia Pacific Law Review'' 83 (2001).

Bulan, Ramy. "Native Title in Malaysia: A 'Complementary' Sui Generis Right Protected by the Federal Constitution," 11(1) ''Australian Indigenous Law Review'' 54 (2007).

Gray, S. "Skeletal Principles in Malaysia’s Common Law Cupboard: the Future of Indigenous Native Title in Malaysian Common Law" ''Lawasia Journal'' 99 (2002).

Porter, A.F. 1967. ''Land administration in Sarawak''.

;Namibia Legal Assistance Center. 2006. ''"Our land they took": San land rights under threat in Namibia''.

;New Zealand

Boast, Richard, Andrew Erueti, Doug McPhail & Norman F. Smith. 1999. ''Maori Land Law''.

Brookfield, F.M. 1999. ''Waitangi & Indigenous Rights''.

Erueti, A. "Translating Maori Customary Title into Common Law Title." ''New Zealand Law Journal'' 421-423 (2003).

Gilling, Bryan D. "By whose Custom? The Operation of the Native Land Court in the Chatham Islands." 23(3) ''Victoria University of Wellington Law Review'' (1993).

Gilling, Bryan D. "Engine of Destruction? An Introduction to the History of the Maori Land Court." ''Victoria U. Wellington L. Rev.'' (1994).

Hill, R. "Politicising the past: Indigenous scholarship and crown—Maori reparations processes in New Zealand." 16 Social and Legal Studies 163 (2007).

Leane, G. "Fighting them on the Benches: the Struggle for Native Title Recognition in New Zealand." 8(1) ''Newcastle Law Review'' 65 (2004).

Mikaere, Ani and Milroy, Stephanie. "Treaty of Waitangi and Maori Land Law," ''NZ Law Review'' 363 (2000).

McHugh, Paul G. 1983. ''Maori land laws of New Zealand: two essays''.

McHugh, Paul G. 1984. "Aboriginal title in New Zealand courts", 2 University of Canterbury Law Review 235-265.

McHugh, Paul G. 1991. ''The Maori Magna Carta''..

Williams, David V. 1999. ''"Te Kooti tango whenua": the Native Land Court 1864--1909''.

;Papua New Guinea

Mugambwa, J.T. 2002. ''Land law and policy in Papua New Guinea''.

Sack, Peter G. 1973. ''Land Between Two Laws: Early European land acquisitions in New Guinea''.

;South Africa

Claasens, Aninka & Ben Cousins. 2008. ''Land, power, and custom: Controversies generated by South Africa's Communal Land Rights Act''.

;Tanzania

Japhet, Kirilo. 1967. ''The Meru Land Case''.

Peter, Chris Maina. 1997. ''Human Rights in Tanzania: Selected Cases and Materials''. pp. 214–269.

Peter, Chris Maina, and Helen Kijo-Bisimba. 2007. ''Law and Justice in Tanzania: Quarter a Century of the Court of Appeal''.

Shivji, Issa G. 1990. ''State Coercion and Freedom in Tanzania''. Human & People's Rights Monograph Series No. 8, Institute of Southern African Studies.

Tenga, Ringo Willy. 1992. ''Pastoral Land Rights in Tanania''.

Widner, Jennifer A. 2001. ''Building the rule of law''.

;Zambia

Mvunga, Mphanza P. 1982. ''Land Law and Policy in Zambia''.

External links

http://www.ubcic.bc.ca/Resources/implementation.htm

Category:Article Feedback Pilot * Category:Real property law Category:Indigenous politics Category:Belizean law Category:Botswana law Category:Malaysian law Category:Papua New Guinean law Category:South African law Category:Common law Category:British Empire

Warren Stephen Mundine (born 11 August 1956 in Grafton, New South Wales) is an Australian Aboriginal leader and the former National President of the Australian Labor Party (ALP). He is a member of the Bundjalung people.

Mundine worked in the New South Wales public service, including a stint as the CEO of the New South Wales Native Title Service. In 1995, he successfully stood as an independent candidate for Dubbo City Council in central-west NSW, later becoming deputy mayor, a position he held until 2004. He is a long-time member of the ALP and before becoming National President of the party, he previously served as its Senior Vice-President and as a member of the Australian Government's National Indigenous Council. He won the 2005 Bennelong Medal for service to the Aboriginal community.

He succeeded Barry Jones as President of the ALP, beginning his term on 28 January 2006, and became the first Indigenous Australian to serve as President of an Australian political party.

Mundine was the ninth of 11 children in his family, eight boys and three girls. He was raised a Catholic. In 1963, the family moved to Sydney and settled in the inner-western suburb of Auburn. After leaving school, he found work as a fitter and machinist, sewerage worker and then later went back to night college to earn his Higher School Certificate. Following a job at the Australian Taxation Office, Mundine moved to Adelaide, studying at the South Australian Institute of Technology, which later became the University of South Australia. He now lives in Sydney and has seven children.

References

External links

ALP biography

Labor's great black hope, The Australian, December 2005

VIDEO Warren Mundine and Marcia Langton talk about the need for a new dialogue on Indigenous Affairs on ABC FORA

Category:1956 births Category:Living people Category:Indigenous Australian politicians Category:Officers of the Order of Australia

Coordinates	21°18′32″N157°49′34″N
name	James Cook
birth date
birth place	Marton, (in present day Middlesbrough) Yorkshire, England
death date	February 14, 1779
death place	Hawaii
education	Postgate School, Great Ayton
occupation	Explorer, navigator, cartographer
title	Captain
spouse	Elizabeth Batts
parents	James Cook, Grace Pace
children	James Cook, Nathaniel Cook, Elizabeth Cook, Joseph Cook, George Cook, Hugh Cook
nationality	British
signature	James Cook Signature.svg
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Captain James Cook, FRS, RN (7 November 1728 – 14 February 1779) was a British explorer, navigator and cartographer, ultimately rising to the rank of Captain in the Royal Navy. Cook made detailed maps of Newfoundland prior to making three voyages to the Pacific Ocean during which he achieved the first European contact with the eastern coastline of Australia and the Hawaiian Islands as well as the first recorded circumnavigation of New Zealand.

Cook joined the British merchant navy as a teenager and joined the Royal Navy in 1755. He saw action in the Seven Years' War, and subsequently surveyed and mapped much of the entrance to the Saint Lawrence River during the siege of Quebec. This helped bring Cook to the attention of the Admiralty and Royal Society. This notice came at a crucial moment in both his personal career and the direction of British overseas exploration, and led to his commission in 1766 as commander of HM Bark ''Endeavour'' for the first of three Pacific voyages.

Cook charted many areas and recorded several islands and coastlines on European maps for the first time. His achievements can be attributed to a combination of seamanship, superior surveying and cartographic skills, courage in exploring dangerous locations to confirm the facts (for example dipping into the Antarctic Circle repeatedly and exploring around the Great Barrier Reef), an ability to lead men in adverse conditions, and boldness both with regard to the extent of his explorations and his willingness to exceed the instructions given to him by the Admiralty.

Cook was killed in Hawaii in a fight with Hawaiians during his third exploratory voyage in the Pacific in 1779.

Early life and family

Cook was born in the village of Marton in Yorkshire, now a suburb of Middlesbrough. He was baptised in the local church of St. Cuthbert, where his name can be seen in the church register. Cook was the second of eight children of James Cook, a Scottish farm labourer from Ednam near Kelso, and his locally born wife, Grace Pace, from Thornaby-on-Tees. In 1736, his family moved to Airey Holme farm at Great Ayton, where his father's employer, Thomas Skottowe, paid for him to attend the local school. In 1741, after five years schooling, he began work for his father, who had by now been promoted to farm manager. For leisure, he would climb a nearby hill, Roseberry Topping, enjoying the opportunity for solitude. Cooks' Cottage, his parents' last home, which he is likely to have visited, is now in Melbourne, having been moved from England and reassembled, brick by brick, in 1934.

In 1745, when he was 16, Cook moved to the fishing village of Staithes, to be apprenticed as a shop boy to grocer and haberdasher William Sanderson. Historians have speculated that this is where Cook first felt the lure of the sea while gazing out of the shop window.

After 18 months, not proving suitable for shop work, Cook travelled to the nearby port town of Whitby, to be introduced to friends of Sanderson's, John and Henry Walker. The Walkers were prominent local ship-owners and Quakers, and were in the coal trade. Their house is now the Captain Cook Memorial Museum. Cook was taken on as a merchant navy apprentice in their small fleet of vessels, plying coal along the English coast. His first assignment was aboard the collier ''Freelove'', and he spent several years on this and various other coasters, sailing between the Tyne and London. As part of this apprenticeship, Cook applied himself to the study of algebra, geometry, trigonometry, navigation and astronomy, all skills he would need one day to command his own ship.

His three-year apprenticeship completed, Cook began working on trading ships in the Baltic Sea. He soon progressed through the merchant navy ranks, starting with his 1752 promotion to Mate (officer in charge of navigation) aboard the collier brig ''Friendship''. In 1755, within a month of being offered command of this vessel, he volunteered for service in the Royal Navy, as Britain was re-arming for what was to become the Seven Years' War. Despite the need to start back at the bottom of the naval hierarchy, Cook realised his career would advance more quickly in military service and entered the Navy at Wapping on 7 June 1755.

Cook married Elizabeth Batts (1742–1835), the daughter of Samuel Batts, keeper of the Bell Inn, Wapping and one of his mentors, on 21 December 1762 at St. Margaret's Church in Barking, Essex. The couple had six children: James (1763–94), Nathaniel (1764–81), Elizabeth (1767–71), Joseph (1768–68), George (1772–72) and Hugh (1776–93). When not at sea, Cook lived in the East End of London. He attended St Paul's Church, Shadwell, where his son James was baptised. Cook has no direct descendants, his children either pre-deceasing him or dying before having children of their own. Stepney Historical Trust has placed a plaque on Free Trade Wharf in the Highway, Shadwell to commemorate his life in the East End of London.

Start of Royal Navy career

Cook's first posting was with HMS ''Eagle'', sailing with the rank of master's mate. In October and November 1755 he took part in ''Eagle'''s capture of one French warship and the sinking of another, following which he was promoted to boatswain in addition to his other duties. His first temporary command was in March 1756 when he was briefly the master of the ''Cruizer'', a small cutter attached to the ''Eagle'' while on patrol.

In June 1757 Cook passed his master's examinations at Trinity House, Deptford qualifying him to navigate and handle a ship of the King's fleet. He then joined the frigate HMS ''Solebay'' as master under Captain Robert Craig.

During the Seven Years' War, he served in North America as master of ''Pembroke'' In 1758 he took part in the major amphibious assault that captured the Fortress of Louisbourg from the French. Cook then participated in the siege of Quebec City before the Battle of the Plains of Abraham in 1759. He showed a talent for surveying and cartography and was responsible for mapping much of the entrance to the Saint Lawrence River during the siege, allowing General Wolfe to make his famous stealth attack on the Plains of Abraham.

Cook's surveying skills were put to good use in the 1760s, mapping the jagged coast of Newfoundland. He surveyed the northwest stretch in 1763 and 1764, the south coast between the Burin Peninsula and Cape Ray in 1765 and 1766, and the west coast in 1767. Cook’s five seasons in Newfoundland produced the first large-scale and accurate maps of the island’s coasts; they also gave Cook his mastery of practical surveying, achieved under often adverse conditions, and brought him to the attention of the Admiralty and Royal Society at a crucial moment both in his personal career and in the direction of British overseas discovery. Cook's map would be used into the 20th century, copies of it being referenced by those sailing Newfoundland's waters for 200 years.

Following on from his exertions in Newfoundland, it was at this time that Cook wrote, he intended to go not only:

"... farther than any man has been before me, but as far as I think it is possible for a man to go."

Voyages of Exploration

First voyage (1768–71)

In 1766, the Royal Society hired Cook to travel to the Pacific Ocean to observe and record the transit of Venus across the Sun. Cook was promoted to Lieutenant and named as commander of the expedition. The expedition sailed from England in 1768, rounded Cape Horn and continued westward across the Pacific to arrive at Tahiti on 13 April 1769, where the observations of the Venus Transit was made. However, the result of the observations was not as conclusive or accurate as had been hoped. Cook later mapped the complete New Zealand coastline, making only some minor errors. He then sailed west, reaching the south-eastern coast of the Australian continent on 19 April 1770, and in doing so his expedition became the first recorded Europeans to have encountered its eastern coastline.

On 23 April he made his first recorded direct observation of indigenous Australians at Brush Island near Bawley Point, noting in his journal: ''"...and were so near the Shore as to distinguish several people upon the Sea beach they appear'd to be of a very dark or black Colour but whether this was the real colour of their skins or the C[l]othes they might have on I know not."'' On 29 April Cook and crew made their first landfall on the mainland of the continent at a place now known as the Kurnell Peninsula, which he named ''Botany Bay'' after the unique specimens retrieved by the botanists Joseph Banks and Daniel Solander. It is here that James Cook made first contact with an Aboriginal tribe known as the Gweagal.

After his departure from Botany Bay he continued northwards, and a mishap occurred, on 11 June, when ''Endeavour'' ran aground on a shoal of the Great Barrier Reef, and then "nursed into a river mouth on 18 June 1770.". The ship was badly damaged and his voyage was delayed almost seven weeks while repairs were carried out on the beach (near the docks of modern Cooktown, at the mouth of the Endeavour River). Once repairs were complete the voyage continued, sailing through Torres Strait and on 22 August he landed on Possession Island, where he claimed the entire coastline he had just explored as British territory. He returned to England via Batavia (modern Jakarta, Indonesia), where many in his crew succumbed to malaria, the Cape of Good Hope and the island of Saint Helena, arriving on 12 July 1771.

Interlude

Cook's journals were published upon his return, and he became something of a hero among the scientific community. Among the general public, however, the aristocratic botanist Joseph Banks was a bigger hero. Banks even attempted to take command of Cook's second voyage, but removed himself from the voyage before it began, and Johann Reinhold Forster and his son Georg Forster were taken on as scientists for the voyage. Cook's son George was born five days before he left for his second voyage.

Second voyage (1772–75)

Shortly after his return, Cook was promoted to the rank of Commander. Then, in 1772, he was commissioned by the Royal Society to search for the hypothetical Terra Australis. On his first voyage, Cook had demonstrated by circumnavigating New Zealand that it was not attached to a larger landmass to the south; and although by charting almost the entire eastern coastline of Australia he had shown it to be continental in size, the ''Terra Australis'' being sought was supposed to lie further to the south. Despite this evidence to the contrary, Dalrymple and others of the Royal Society still believed that this massive southern continent should exist.

Cook commanded HMS ''Resolution'' on this voyage, while Tobias Furneaux commanded its companion ship, HMS ''Adventure''. Cook's expedition circumnavigated the globe at a very high southern latitude, becoming one of the first to cross the Antarctic Circle on 17 January 1773. He also surveyed, mapped and took possession for Britain of South Georgia explored by Anthony de la Roché in 1675, discovered and named Clerke Rocks and the South Sandwich Islands ("Sandwich Land"). In the Antarctic fog, ''Resolution'' and ''Adventure'' became separated. Furneaux made his way to New Zealand, where he lost some of his men during an encounter with Māori, and eventually sailed back to Britain, while Cook continued to explore the Antarctic, reaching 71°10'S on 31 January 1774. Cook almost encountered the mainland of Antarctica, but turned back north towards Tahiti to resupply his ship. He then resumed his southward course in a second fruitless attempt to find the supposed continent. On this leg of the voyage he brought with him a young Tahitian named Omai, who proved to be somewhat less knowledgeable about the Pacific than Tupaia had been on the first voyage. On his return voyage, in 1774 he landed at the Friendly Islands, Easter Island, Norfolk Island, New Caledonia, and Vanuatu. His reports upon his return home put to rest the popular myth of ''Terra Australis''.

Another accomplishment of the second voyage was the successful employment of the Larcum Kendall K1 chronometer, which enabled Cook to calculate his longitudinal position with much greater accuracy. Cook's log was full of praise for the watch which he used to make charts of the southern Pacific Ocean that were so remarkably accurate that copies of them were still in use in the mid-20th century.

Upon his return, Cook was promoted to the rank of Captain and given an honorary retirement from the Royal Navy, as an officer in the Greenwich Hospital. His acceptance was reluctant, insisting that he be allowed to quit the post if the opportunity for active duty presented itself. His fame now extended beyond the Admiralty and he was also made a Fellow of the Royal Society and awarded the Copley Gold Medal, painted by Nathaniel Dance-Holland, dined with James Boswell and described in the House of Lords as ''"the first navigator in Europe"''. But he could not be kept away from the sea. A third voyage was planned and Cook volunteered to find the Northwest Passage. Cook travelled to the Pacific and hoped to travel east to the Atlantic, while a simultaneous voyage travelled the opposite way..

Third voyage (1776–79)

On his last voyage, Cook once again commanded HMS ''Resolution'', while Captain Charles Clerke commanded HMS ''Discovery''. Ostensibly the voyage was planned to return Omai to Tahiti; this is what the general public believed, as he had become a favourite curiosity in London. Principally the purpose of the voyage was an attempt to discover the famed Northwest Passage. After returning Omai, Cook travelled north and in 1778 became the first European to visit the Hawaiian Islands. In passing and after initial landfall in January 1778 at Waimea harbour, Kauai, Cook named the archipelago the "Sandwich Islands" after the fourth Earl of Sandwich, the acting First Lord of the Admiralty.

From the South Pacific, he went northeast to explore the west coast of North America north of the Spanish settlements in Alta California. He made landfall at approximately 44°30′ north latitude, near Cape Foulweather on the Oregon coast, which he named. Bad weather forced his ships south to about 43° north before they could begin their exploration of the coast northward. He unknowingly sailed past the Strait of Juan de Fuca, and soon after entered Nootka Sound on Vancouver Island. He anchored near the First Nations village of Yuquot. Cook's two ships spent about a month in Nootka Sound, from 29 March to 26 April 1778, in what Cook called Ship Cove, now Resolution Cove, at the south end of Bligh Island, about east across Nootka Sound from Yuquot, a Nuu-chah-nulth village (whose chief Cook did not identify but may have been Maquinna). Relations between Cook's crew of the people of Yuquot were cordial if sometimes strained. In trading, the people of Yuquot demanded much more valuable items than the usual trinkets that had worked for Cook's crew in Hawaii. Metal objects were much desired, but the lead, pewter, and tin traded at first soon fell into disrepute. The most valuable items the British received in trade were sea otter pelts. Over the month long stay the Yuquot "hosts" essentially controlled the trade with the British vessels, instead of vice versa. Generally the natives visited the British vessels at Resolution Cove instead of the British visiting the village of Yuquot at Friendly Cove.

After leaving Nootka Sound, Cook explored and mapped the coast all the way to the Bering Strait, on the way identifying what came to be known as Cook Inlet in Alaska. It has been said that, in a single visit, Cook charted the majority of the North American northwest coastline on world maps for the first time, determined the extent of Alaska and closed the gaps in Russian (from the West) and Spanish (from the South) exploratory probes of the Northern limits of the Pacific.

The Bering Strait proved to be impassable, although he made several attempts to sail through it. He became increasingly frustrated on this voyage, and perhaps began to suffer from a stomach ailment; it has been speculated that this led to irrational behaviour towards his crew, such as forcing them to eat walrus meat, which they found inedible.

Cook returned to Hawaiʻi in 1779. After sailing around the archipelago for some eight weeks, he made landfall at Kealakekua Bay, on 'Hawaiʻi Island', largest island in the Hawaiian Archipelago. Cook's arrival coincided with the ''Makahiki'', a Hawaiian harvest festival of worship for the Polynesian god Lono. Indeed the form of Cook's ship, HMS ''Resolution'', or more particularly the mast formation, sails and rigging, resembled certain significant artefacts that formed part of the season of worship. Similarly, Cook's clockwise route around the island of Hawai'i before making landfall resembled the processions that took place in a clockwise direction around the island during the Lono festivals. It has been argued (most extensively by Marshall Sahlins) that such coincidences were the reasons for Cook's (and to a limited extent, his crew's) initial deification by some Hawaiians who treated Cook as an incarnation of Lono. Though this view was first suggested by members of Cook's expedition, the idea that any Hawaiians understood Cook to be Lono, and the evidence presented in support of it was challenged in 1992.

Death

After a month's stay, Cook got under sail again to resume his exploration of the Northern Pacific. However, shortly after leaving Hawaiʻi Island, the foremast of the ''Resolution'' broke and the ships returned to Kealakekua Bay for repairs. It has been hypothesised that the return to the islands by Cook's expedition was not just unexpected by the Hawaiians, but also unwelcome because the season of Lono had recently ended (presuming that they associated Cook with Lono and Makahiki). In any case, tensions rose and a number of quarrels broke out between the Europeans and Hawaiians. On 14 February at Kealakekua Bay, some Hawaiians took one of Cook's small boats. Normally, as thefts were quite common in Tahiti and the other islands, Cook would have taken hostages until the stolen articles were returned. Indeed, he attempted to take hostage the King of Hawaiʻi, Kalaniʻōpuʻu. The Hawaiians prevented this, and Cook's men had to retreat to the beach. As Cook turned his back to help launch the boats, he was struck on the head by the villagers and then stabbed to death as he fell on his face in the surf. Hawaiian tradition says that he was killed by a chief named Kalanimanokahoowaha. The Hawaiians dragged his body away. Four of the Marines with Cook were also killed and two wounded in the confrontation.

The esteem in which he was nevertheless held by the Hawaiians resulted in his body being retained by their chiefs and elders. Following the practice of the time, Cook's body underwent funerary rituals similar to those reserved for the chiefs and highest elders of the society. The body was disembowelled, baked to facilitate removal of the flesh, and the bones were carefully cleaned for preservation as religious icons in a fashion somewhat reminiscent of the treatment of European saints in the Middle Ages. Some of Cook's remains, disclosing some corroborating evidence to this effect, were eventually returned to the British for a formal burial at sea following an appeal by the crew.

Clerke took over the expedition and made a final attempt to pass through the Bering Strait. Following the death of Clerke, ''Resolution'' and ''Discovery'' returned home in October 1780 commanded by John Gore, a veteran of Cook's first voyage, and Captain James King. Cook's account of his third and final voyage was completed upon their return by King.

David Samwell, who sailed with Cook on the Resolution, wrote of him:

"He was a modest man, and rather bashful; of an agreeable lively conversation, sensible and intelligent. In temper he was somewhat hasty, but of a disposition the most friendly, benevolent and humane. His person was above six feet high: and, though a good looking man, he was plain both in dress and appearance. His face was full of expression: his nose extremely well shaped: his eyes which were small and of a brown cast, were quick and piercing; his eyebrows prominent, which gave his countenance altogether an air of austerity."

Legacy

Navigation and science

Cook's 12 years sailing around the Pacific Ocean contributed much to European knowledge of the area. Several islands such as Sandwich Islands (Hawaii) were encountered for the first time by Europeans, and his more accurate navigational charting of large areas of the Pacific was a major achievement.

To create accurate maps, latitude and longitude need to be known. Navigators had been able to work out latitude accurately for centuries by measuring the angle of the sun or a star above the horizon with an instrument such as a backstaff or quadrant. Longitude was more difficult to measure accurately because it requires precise knowledge of the time difference between points on the surface of the earth. Earth turns a full 360 degrees relative to the sun each day. Thus longitude corresponds to time: 15 degrees every hour, or 1 degree every 4 minutes.

Cook gathered accurate longitude measurements during his first voyage due to his navigational skills, the help of astronomer Charles Green and by using the newly published Nautical Almanac tables, via the lunar distance method — measuring the angular distance from the moon to either the sun during daytime or one of eight bright stars during night-time to determine the time at the Royal Observatory, Greenwich, and comparing that to his local time determined via the altitude of the sun, moon, or stars. On his second voyage Cook used the K1 chronometer made by Larcum Kendall, which was the shape of a large pocket watch, 13 cm (5 inches) in diameter. It was a copy of the H4 clock made by John Harrison, which proved to be the first to keep accurate time at sea when used on the ship ''Deptford's'' journey to Jamaica, 1761–62.

Cook succeeded in circumnavigating the world on his first voyage without losing a single man to scurvy, an unusual accomplishment at the time. He tested several preventive measures but the most important was frequent replenishment of fresh food. It was for presenting a paper on this aspect of the voyage to the Royal Society that he was presented with the Copley Medal in 1776. Ever the observer, Cook was the first European to have extensive contact with various people of the Pacific. He correctly concluded there was a relationship among all the people in the Pacific, despite their being separated by thousands of miles of ocean (see Malayo-Polynesian languages). James Cook came up with the theory that Polynesians originated from Asia, which was later proved to be correct by scientist Bryan Sykes. In New Zealand the coming of Cook is often used to signify the onset of colonisation.

Cook was accompanied on his voyages by many scientists, whose observations and discoveries added to the importance of the voyages. Joseph Banks, a botanist, went on the first voyage along with fellow botanist Daniel Solander from Sweden. Between them they collected over 3,000 plant species. Banks became one of the strongest promoters of the settlement of Australia by the British, based on his own personal observations.

There were also several artists on the first voyage. Sydney Parkinson was involved in many of the drawings, completing 264 drawings before his death near the end of the voyage. They were of immense scientific value to British botanists. Cook's second expedition included the artist William Hodges, who produced notable landscape paintings of Tahiti, Easter Island, and other locations.

A number of the junior officers who served under Cook went on to distinctive accomplishments of their own. William Bligh, Cook's sailing master, was given command of HMS ''Bounty'' in 1787 to sail to Tahiti and return with breadfruit. Bligh is most known for the mutiny of his crew which resulted in his being set adrift in 1789. He later became governor of New South Wales, where he was subject of another mutiny — the only successful armed takeover of an Australian colonial government. George Vancouver, one of Cook's midshipmen, later led a voyage of exploration to the Pacific Coast of North America from 1791 to 1794. George Dixon sailed under Cook on his third expedition, and later commanded an expedition of his own.

His contributions to knowledge were internationally recognised during his lifetime. In 1779, while the American colonies were at war with Britain in their war for independence, Benjamin Franklin wrote to captains of American warships at sea, recommending that if they came into contact with Cook's vessel, they were to:

...not consider her an enemy, nor suffer any plunder to be made of the effects contained in her, nor obstruct her immediate return to England by detaining her or sending her into any other part of Europe or to America; but that you treat the said Captain Cook and his people with all civility and kindness, . . . as common friends to mankind.

Unknown to Franklin, Cook had met his death a month before this "passport" was written.

Memorials

A US coin, the 1928 Hawaiian Sesquicentennial half dollar bears an image of Cook. Minted during the celebration marking the 150th anniversary of his discovery of the islands, its low mintage (10,008) has made this example of Early United States commemorative coins both scarce and expensive. The site where he was killed in Hawaii is marked by a white obelisk and about of land around it is chained off. This land, though in Hawaii, has been given to the United Kingdom. Therefore, the site is officially a part of the UK. With the jurisdictions reversed exactly the same sort of situation exists at Runnymede where the U.S. has extraterritorial jurisdiction over a monument to John F. Kennedy. A nearby town is named Captain Cook, Hawaii as well as several businesses. The Apollo 15 command module ''Endeavour'' was named after Cook's ship, HMS ''Endeavour'', as is the space shuttle ''Endeavour''. Another shuttle, ''Discovery'', is named after Cook's HMS ''Discovery''.

The first tertiary education institution in North Queensland, Australia was named after him, with James Cook University opening in Townsville in 1970. In Australian rhyming slang the expression "''Captain Cook''" means "''look''". Numerous institutions, landmarks and place names reflect the importance of Cook's contribution to knowledge of geography. These include the Cook Islands, the Cook Strait, Cook Inlet, and the Cook crater on the Moon. Aoraki/Mount Cook, the highest summit in New Zealand, is named for him. Another Mount Cook is on the border between the US state of Alaska and the Canadian Yukon Territory, and is designated Boundary Peak 182 as one of the official Boundary Peaks of the Hay–Herbert Treaty.

thumb|right|150px|This coat of arms of James Cook was granted by [[George III of the United Kingdom|King George III to Cook's widow in 1785, "to be borne by his descendants and 'placed on any monument or otherwise to his memory.'" ]]

Tributes also abound in post-industrial Middlesbrough, and include a primary school, shopping square and the ''Bottle 'O Notes'' a public artwork by Claes Oldenburg erected in the town's Central Gardens in 1993. Also named after Cook is the James Cook University Hospital, a major teaching hospital serving the town and the wider area. At the site of his birthplace in Marton is the Captain Cook Birthplace Museum, located within Stewart Park. A granite vase just to the south of the museum marks the approximate spot where he was born. A monument to Capt. Cook stands on Easby Moor overlooking his boyhood village of Great Ayton.

The Royal Research Ship RRS ''James Cook'' was built in 2006 to replace the RRS ''Charles Darwin'' in the UK's Royal Research Fleet.

See also

Antimonial cup, one owned by him.

Australian places named by James Cook

Cooks' Cottage

Death of Cook — Painting depicting the event

European and American voyages of scientific exploration

Exploration of the Pacific

Stepney Historical Trust

The Vache, site of monument to Captain James Cook erected by Admiral Hugh Palliser, a one time owner of the estate.

References

Footnotes

Notes

Bibliography

Beaglehole, John, biographer of Cook and editor of his ''Journals''.

Andrew Kippis, ''The Life and Voyages of Captain James Cook'', Westminster 1788, George Newnes, London/Charles Scribner's Sons, New York 1904.

Obeyesekere, Gananath. 1992, ''The Apotheosis of Captain Cook: European Mythmaking in the Pacific'' Princeton University Press. ISBN 0-691-05752-4.

With new preface and afterword replying to criticism from Sahlins.

Rae, Julie, 1997 "Captain James Cook Endeavours" Stepney Historical Trust London

Richardson, Brian. 2005. ''Longitude and Empire: How Captain Cook's Voyages Changed the World'' University of British Columbia Press. ISBN 0-7748-1190-0.

Robson, John (2004). ''The Captain Cook Encyclopædia''. Random House Australia. ISBN 0 7593 1011 4.

Sydney Daily Telegraph. 1970, ''Captain Cook: His Artists — His Voyages''. The Sydney Daily Telegraph Portfolio of Original Works by Artists who sailed with Captain Cook. Australian Consolidated Press, Sydney.

Thomas, Nicholas. 2003, ''The Extraordinary Voyages of Captain James Cook''. Walker & Co., New York. ISBN 0-8027-1412-9

Villiers, Alan John, 1903–. Captain James Cook. Newport Beach, CA : Books on Tape, 1983.

Williams, Glyndwr, ed. 1997, ''Captain Cook's Voyages: 1768–1779''. The Folio Society, London.

Williams, G (Prof.), 2002 ''Captain Cook: Explorer, Navigator and Pioneer'', BBC History 2002

External links

Australian Dictionary of Biography, Volume 1, Melbourne University Press, 1966, pp 243–244">'Cook, James (1728–1779)', Australian Dictionary of Biography, Volume 1, Melbourne University Press, 1966, pp 243–244

Biography at the ''Dictionary of Canadian Biography Online''

from the ''Dictionary of New Zealand Biography''

Captain Cook Society

''The Endeavour'' journal (1) and ''The Endeavour'' journal (2), as kept by James Cook – digitised and held by the National Library of Australia

Captain James Cook: The World's Explorer

The South Seas Project: maps and online editions of the Journals of James Cook's First Pacific Voyage. 1768–1771, Includes full text of journals kept by Cook, Joseph Banks and Sydney Parkinson, as well as the complete text of John Hawkesworth's 1773 Account of Cook's first voyage.

Captain Cook's Voyages by Izidor Hafner, Wolfram Demonstrations Project.

Cook's Pacific Encounters: Cook-Forster Collection online Images and descriptions of more than 300 artefacts collected during the three Pacific voyages of James Cook.

Images and descriptions of items associated with James Cook at the Museum of New Zealand Te Papa Tongarewa

Digitised copies of log books from James Cook's voyages at the British Atmospheric Data Centre

James Cook Birthplace Museum

Hand drawn maps of southeastern coast of Australia in the American Geographical Society Library

Category:1728 births Category:1779 deaths Category:Royal Navy officers Category:British military personnel of the French and Indian War Category:Circumnavigators of the globe Category:English explorers Category:English sailors Category:English cartographers Category:English people of Scottish descent Category:Explorers of Australia Category:Explorers of British Columbia Category:Explorers of the Pacific Category:Fellows of the Royal Society Category:People from North Yorkshire Category:People from Middlesbrough Category:Recipients of the Copley Medal Category:18th-century English people Category:18th-century explorers Category:Explorers of Oregon Category:People murdered in Hawaii Category:British people murdered abroad Category:National Historic Persons of Canada Category:Explorers of New Zealand

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Coordinates	21°18′32″N157°49′34″N
name	Nick Diaz
other names	Diablo
birth name	Nicholas Robert Diaz
nick name	Diablo, The Stockton Bad Boy
birth date	August 02, 1983
birth place	Stockton, California, United States
nationality	American
height
weight lb	169.5
weight class	Welterweight (170 lb)
reach in	74
style	Boxing, Brazilian Jiu-Jitsu
stance	Southpaw
fighting out of	Stockton, California
trainer	Cesar Gracie, Richard Perez
team	Cesar Gracie Jiu-Jitsu El Niño Sports Fairtex Gym
Url	http://www.sherdog.com/fightfinder/fightfinder.asp?fighterID2831
Title	Fight Finder: Nick Diaz
Year	2007
Accessdate	August 15, 2007
Publisher	Sherdog }}

Nicholas Robert Diaz (born August 2, 1983) is an American mixed martial artist. He is the former Strikeforce Welterweight Champion, WEC and IFC Welterweight Champion. He has competed in the Ultimate Fighting Championship, Pride Fighting Championships and Elite Xtreme Combat. Diaz was promoted to black belt in Brazilian Jiu-Jitsu by Cesar Gracie on May 8, 2007. Diaz trains at Cesar Gracie Jiu-Jitsu Academy in Pleasant Hill, California. He holds notable wins over Frank Shamrock, Robbie Lawler, Scott Smith, KJ Noons, Hayato Sakurai, Chris Lytle, and Paul Daley. He is currently ranked the #5 welterweight in the world by Sherdog, #4 by MMAWeekly, and #5 by USA Today.

Biography

Diaz was born in Stockton, California. He is the older brother of UFC fighter Nate Diaz. He went to Tokay High School in Lodi for one year before dropping out. While a freshman, he was a member of the swimming team. Diaz has stated in the past that he is thankful his mother got him into swimming classes because swimming is one of the main reasons why his cardio is so impressive during his fights. Diaz has also said on multiple occasions that he had a hard childhood and grew up without his biological father.

Diaz originally started training in martial arts because he was being bullied by other teenagers who were bigger than he was. He then watched the UFC for the first time and soon wanted to be able to fight in the organization. His younger brother, Nathan is also a professional MMA fighter in the welterweight division and the winner of The Ultimate Fighter 5. Nick also regularly competes in triathlons as part of his training.

Mixed martial arts career

After years of practicing various combats sports and martial arts, Diaz became a professional mixed martial arts fighter in 2001 just after his 18th birthday and won his first fight, submitting Mike Wick with a triangle choke at IFC Warriors Challenge 15. Diaz would become a champion in just his second professional fight, defeating Chris Lytle for the IFC United States Welterweight title in July 2002 at IFC Warriors Challenge 17.

Diaz was then invited to participate in Ultimate Athlete's King of the Mountain, a single-night tournament that took place two months later. He won his first two fights but eventually lost in the finals to Jeremy Jackson (fighter) by TKO. Diaz would fight in Warriors Quest and Shooto against Harris "Hitman" Sarmiento and Kuniyoshi Hironaka respectively before winning the WEC's Welterweight Title in 2003 at WEC 6, submitting Joe Hurley with a kimura.

Diaz returned to defend his IFC Welterweight belt against the man that defeated him one year earlier, Jeremy Jackson at IFC Warriors Challenge 18. This time around it was Diaz who was able to get the win, winning by TKO in the first round. Taking notice of his success, the UFC signed Diaz over the summer and he made his debut at UFC 44, completing the trilogy against Jeremy Jackson and submitting him with an armbar in the last round of the back and forth fight that Diaz appeared to be winning on the scorecards.

Rise

Diaz returned to the Octagon at UFC 47, set to take on highly-touted Welterweight Robbie Lawler. Lawler was a heavy favorite coming into the fight but it was Diaz who took the offensive, chasing Lawler around the cage for the majority of the bout. In the second round, Diaz taunted Lawler, who swung wildly at and missed, allowing Diaz to connect with a right hook that knocked out Lawler.

Diaz was then matched up with Karo Parisyan at UFC 49, but ended up losing a hard-fought split decision. He rebounded with wins over Drew Fickett at UFC 51 and Koji Oishi at UFC 53 before losing for the second time in the UFC at the hands of The Ultimate Fighter Middleweight winner Diego Sanchez at The Ultimate Fighter 2 Finale.

The two came into the fight with a good amount of bad blood between them. They reportedly exchanged heated e-mails before and after the official signing of the fight, which was spurred on by Diaz's public opinion that Sanchez and the rest of The Ultimate Fighter participants were being given an easier path to the top compared to the rest of the fighters in the UFC.

Things went to another level in the locker room before the fight when Diaz taunted Sanchez and threw a shoe at him.[3] Diaz was obviously confident coming into the bout but was unable to achieve success in the match, ultimately losing to Sanchez by unanimous decision. Diaz complained of a "greasy substance" on Diego's arms that impeded Diaz's takedowns. While no illegal lubricant was ever investigated, Sanchez's hair was considerably wet-looking throughout the fight, suggesting that his hair product may have leaked onto his shoulders. During the televised post-fight interview in the ring, Diaz continued the controversy by declaring that he respected Sanchez fighting ability but did not think he deserved to be there, despite Sanchez's win.

Diaz's next fight was against Joe Riggs at UFC 57. Similar to his treatment of Sanchez, Diaz made sure that he taunted his opponent plenty before their fight starting at the official press conference at the event in which Diaz confronted Riggs and the two exchanged words. They continued their conversation at the official weigh-ins in which both fighters had to be separated by UFC president Dana White and other officials present.

Riggs prevailed in a hard-fought battle, winning by unanimous decision and giving Diaz his second straight loss. After the fight, the two were taken to the hospital for observation and post-fight tests. It was there that Diaz confronted Riggs and proceeded to punch him in the face, knocking Riggs to his knees. Riggs then tackled Diaz into a wall and started to knee him when the police arrived and quickly rushed in to separate the two. Neither party, nor the police, decided to press charges.

Diaz lost his third consecutive match in a unanimous decision to Sean Sherk at UFC 59. The UFC subsequently terminated his contract and released him during the spring of 2006.

Return to UFC

Diaz returned to his hometown of Stockton and participated in the International Cage Fighting Organization's inaugural event, defeating Ray Steinbeiss by split decision. Diaz was slated to fight in his hometown again against John Alessio when he received an unexpected call the night before the fight from the UFC asking to fill in for an ill Thiago Alves at ''UFC 62''.

After Alessio pulled out, Diaz took advantage of the opportunity, submitting Josh Neer in the third round. Seemingly back in the UFC, Diaz stopped newcomer Gleison Tibau with strikes in his next fight at ''UFC 65''. However, even after the win and the reassurance that the UFC would give him another fight, Diaz decided to sign with the Gracie Fighting Championships and leave the UFC. GFC had Diaz scheduled to fight Thomas Denny in January 2007, but due to poor ticket sales the event was ultimately scrapped.

Pride FC

Diaz was signed to a two-fight deal with Pride Fighting Championships with the first scheduled to be against current Lightweight champion Takanori Gomi in a non-title fight on February 24 in Las Vegas. Pride 33 was Diaz's first fight in the Pride organization and at the weight of 160 lb. While Gomi started the fight strong, once knocking Diaz to the ground, and twice ending up in his guard, the Californian dominated the standup battle with his unorthodox style, picking his opponent apart with quick and accurate jabs and looping punches. At the end of the first round, apparently due to poor cardio on Gomi's part, the Japanese fighter was clearly stunned, throwing much wilder punches and barely maintaining his defense. At one point though, the fight was stopped to check a cut suffered under Diaz' eye. The second stanza saw a continuation of wild punches by Gomi, then eventually taking the fight to the ground and leaving himself open to a Gogoplata submission by Diaz and tapping at 1:46 of the round. This was the second successful Gogoplata attempt in Pride's history (the first performed by Shinya Aoki on Joachim Hansen less than two months earlier at Pride's New Year's event).

On April 10, 2007, the Nevada State Athletic Commission announced that Diaz failed the drug test that was taken shortly before his win over Takanori Gomi, testing positive for marijuana. The NSAC declared the fight a "No Contest" and suspended him for 6 months with a fine of 20% of his earnings ($3,000) won from the fight against Gomi. The Commission felt that the result of Diaz's THC test, an enormous 175, was a contributing factor in his performance during the fight. Commission Chairman Dr. Tony Alamo said that while a result of 15 is considered positive, the NSAC has a threshold of 50 for athletes. He also believes they "feel very comfortable that everyone that tests positive in Nevada is truly positive."

Dr. Alamo went on to say, "Mr. Diaz was 145. This creates a unique situation. I was there at this fight and believe that you were intoxicated and... that it made you numb to the pain. Did it help you win? I think it did." Despite Diaz being surrounded by other athletes and video cameras for several hours before the fight, Alamo gave no explanation for why he believed Diaz had used marijuana in the hours preceding the event. Diaz himself dismissed the accusation.

EliteXC

Diaz made his debut for EliteXC in Hawaii on September 15, 2007 on Showtime. He won a hard fought split decision over his opponent Mike Aina.

MMA Weekly reported that Nick Diaz signed a two year deal with EliteXC and in his next fight, fought KJ Noons for the vacant 160 pound title. Once the fight began, the two exchanged rather evenly on the feet until Noons dropped Diaz with a well timed right counterpunch. Diaz attempted several takedowns, all of which were stuffed by Noons, on one occasion with a swift right knee which opened up a notable gash on Diaz's face, eventually resulting in a loss via doctor stoppage due to multiple cuts on his forehead. A disappointed Diaz left the arena immediately and on his way out he flipped off the doctor from the arena entrance and shoved the camera out of his face. Interestingly, he stated in pre-fight interviews that the only way he was going to lose this fight was from a cut above his eye.

After losing the Noons fight via-doc stoppage due to a cut, Diaz had surgery and had the bone filed down on his eyebrows to prevent any bad cuts in future bouts.

Following a tough win over opponent Muhsin Corbbrey at EliteXC's "Return of the KING" event in Honolulu, Hawaii, an altercation between Nick and his brother Nate broke out with KJ Noons and his corner. EliteXC executives asked Diaz to come to the ring and make a statement about a possible title rematch with Noons. Noons, a Native of Hawaii, asked the crowd their opinion, resulting in an echo of boos for Diaz. After Nick spoke over the microphone to Noons, saying, "don't be scared homie," Carl Noons, KJ's father, lunged at him prompting Nate Diaz to throw a water bottle at the elder Noons. The Diaz brothers were quickly escorted out of the cage by a group of security staff. During interviews the next day Nick claimed Carl was intoxicated and overreacting. Meanwhile Carl claimed his incident was prompted by the thrown bottle. Video replay of the event showed Nate throwing the bottle after Carl jumped at Nick. No one was injured as the Diaz brothers left the arena entrance "throwing the bird" to the fans and Noons' corner.

Nick went on to face well-traveled veteran Thomas "Wildman" Denny at the EliteXC Event "Unfinished Business" in Nick's hometown of Stockton, California. After a sluggish start to the fight, Diaz found his range and punished Denny during the latter half of the First Round. Diaz continued to keep the fight standing and maintained a high-paced tempo for the remainder of the fight, earning an impressive TKO victory over the veteran Denny 0:30 into Round Two.

Diaz was rumoured to have a rematch against the current EliteXC Lightweight Champion KJ Noons, airing on CBS October 4, 2008. However, KJ Noons and his camp refused to accept the match. Mark Dion, KJ's manager was quoted as saying "As far as Nick Diaz, he's not the No. 1 contender out there.".

Diaz was scheduled to face Eddie Alvarez for the EliteXC 160 pound title on November 8, 2008 before the company ceased operations.

Strikeforce and DREAM

Diaz was victorious in Dream 3, defeating Katsuya Inoue by corner stoppage (TKO) in the first round.

With Strikeforce's acquisition of ProElite's assets, CEO Scott Coker had announced that Nick will face off against MMA legend Frank Shamrock at a catchweight of 179 lb, at their upcoming event Strikeforce: Shamrock vs. Diaz in Shamrock's hometown of San Jose on April 11 at the HP Pavilion. Nick was successful in the fight, defeating Shamrock via TKO, due to strikes in the second round. Throughout the fight, Diaz was dominant in all areas using effective positioning on the ground, once mounting Frank in the end of the first round and then finally finishing in the second round due to a body shot crumpling Frank to the mat and then following up with punches before referee John McCarthy called a halt to the bout. It was noted that Shamrock came into the bout with a rib injury which was sustained through training and greatly affected his abilities throughout the fight. In the interview he stated "It's hard to hate the guy, he's been doing what I've been wanting to do and saying what I've wanted to say for a long time".

At Strikeforce: Lawler vs. Shields Diaz met Scott Smith at a catchweight of 180 pounds. Although Smith took Diaz down once in the first round, Diaz controlled the majority of the bout with his superior boxing, utilizing his reach, stalking jabs and repeatedly punishing Smith with hooks to the body, twice dropping him in the second and third round. Upon landing the body shot that dropped Smith in the third round, Smith assumed a turtle position and Diaz took his back until securing a rear naked choke to finish the bout at 1:41 of the final round.

It was announced that Diaz would be fighting Joe Riggs at Strikeforce: Carano vs. Cyborg taking place on August 15, in which would have been a rematch of their first fight that took place at UFC 57: Couture vs Liddell 3, in which both fighters fought in the cage and then again at the local hospital later in the evening. The fight would have been for the Strikeforce Welterweight Championship but, Joe Riggs had to pull out of the bout due to an adverse reaction to a drug. Diaz was then scheduled to instead face Jay Hieron for the Welterweight Championship. This fight has since been canceled due to Diaz's failure to attain his license after not attending a pre-fight drug test. Jesse Taylor replaced Diaz and the title was no longer on the line, Hieron defeated Taylor by unanimous decision.

Diaz faced Strikeforce newcomer Marius Žaromskis to crown the first Strikeforce Welterweight Champion on January 30, 2010 at Strikeforce: Miami. Žaromskis came out aggressively and the two men exchanged on the feet until Diaz tied his opponent up in the clinch and landed numerous knees to Žaromskis' right leg. Diaz then scored a takedown and looked for a guillotine choke - quickly shrugged off by his opponent. The two men continued to exchange, with Diaz utilizing his unorthodox boxing skills, until rocked by a Žaromskis left hook and falling to his back. Žaromskis landed few effective shots while Diaz was turtled on the floor, allowing him to recover and stand back up. In the few remaining minutes, Diaz opened up with his boxing range, tagging Žaromskis cleanly several times with combos composed of jabs, hooks and seamless bodyshots; forcing him against the side of the cage where he landed a solid uppercut and continued to punish his opponent leading to the referee to stop the contest at 4:38 of the first round. Diaz was then crowned the inaugural Strikeforce Welterweight Champion.

Diaz defeated Hayato Sakurai by submission (armbar) in a non-title bout at DREAM.14. Diaz defeated KJ Noons in a rematch of their 2007 bout for the Strikeforce Welterweight Championship. Diaz won via Unanimous Decision (48-47, 49-47, 49-46). Diaz defeated Evangelista Santos who had an 18-13 MMA record going into the bout on January 29, 2011 at Strikeforce: Diaz vs. Cyborg via armbar in the second round.

Diaz defeated Paul Daley at Strikeforce: Diaz vs. Daley via TKO (punches) at 4:57 of round 1, after being dropped twice, and became the first Strikeforce fighter to successfully defend the welterweight belt 3 times in a row.

Strikeforce: Nashville brawl

During the post fight interview after Jake Shields victory over Dan Henderson, Jason Miller got access into the cage during the post-fight interviews and asked Shields, "Where's my rematch, buddy?". Both Gilbert Melendez and Jake Shields pushed Miller away, which was followed by Diaz throwing the punch to start the brawl. Diaz, his brother Nate Diaz and Gilbert Melendez would then attack Miller while Miller was being restrained to the canvas. The fight was then broken up by referees, members of Dan Henderson's corner and security. Miller, Diaz and four others were given three-month suspensions and fines of $5,000-$7,500.

Jason Miller has gone on record that he wants to fight Nick Diaz at 183 pounds, two pounds under his usual fighting weight of 185 and 13 pounds above Diaz's normal fighting weight of 170. Scott Coker recently revealed that negotiations between the two fighters stalled when a 181 lb catchweight was offered by Diaz, and Miller refused. Diaz was willing to fight Miller provided that he would get his pay doubled.

Return to UFC & Superfight with Georges St-Pierre

UFC president Dana White has also stated that a matchup between Diaz and UFC welterweight champion Georges St. Pierre is a possible consideration. Diaz and St.Pierre were rumored to be the next coaches for TUF 14 (The Ultimate Fighter) reality show. The show is scheduled to debut September 14, 2011. Those rumors didn't pan out, but a bout pitting GSP against Diaz did. UFC president Dana White confirmed via Twitter that Diaz would face GSP at UFC 137 at the Mandalay Bay Event Center in Las Vegas, Nevada, on October 29, 2011. Nick Diaz is to vacate his Strikeforce Welterweight Championship Title prior to his bout with Georges St-Pierre

Fighting style

Diaz is a Brazilian Jiu-Jitsu black belt under Cesar Gracie whom he has been training with since he was a teenager. He is accomplished in both gi and no-gi jiu-jitsu. Some of the major titles he has won include the US Purple Belt Open in 2004 and a Pan American Brown Belt Medium Weight Division title in 2005. He also owns a victory over renowned grappler Jorge Patino in competition via kneebar.

He is known for having a modified BJJ style that suits his MMA career very well. Diaz lists his favorite submission as the kimura. He is widely known for his impressive closed guard which he frequently uses in his fights. Diaz currently teaches jiu-jitsu at his and brother Nathan's school in Lodi, CA.

Diaz is also a professional boxer and fights in the Super Middleweight weight class. He made his professional debut in April 2005 against Alfonso Rocha at the Radisson Hotel in Sacramento, California. Diaz was victorious, winning by unanimous decision after four rounds. He has not fought since.

To add to Nick and his brother Nathan's striking skills, they are now being trained by former WBA and WBC World Champion, Luisito Espinosa and training with the highly skilled Jason "Gumby" Robison. Nick has also recently been training with Olympic Boxing Gold Medalist Andre Ward.

Championships and accomplishments

Strikeforce

*Strikeforce Welterweight Championship (One time; First)

*Best of 2010 Awards: Fight of the Year vs. KJ Noons on October 9

*Best of 2010 Awards: Male Fighter of the Year

World Extreme Cagefighting

*WEC Welterweight Championship (One time; First)

International Fighting Championship

*IFC United States Welterweight Championship (One time)

Ultimate Athlete

*King of the Mountain Welterweight Tournament Runner-up

Inside Fights

*2007 MMA Fight of the Year vs. Takanori Gomi on February 24

Mixed martial arts record

| | style="text-align:center;"| | Georges St-Pierre | | UFC 137: St-Pierre vs. Diaz | | style="text-align:center;"| | style="text-align:center;"| | Las Vegas, Nevada, United States | For UFC Welterweight Championship |- | Win | style="text-align:center;"| 25–7 (1) | Paul Daley | TKO (punches) | Strikeforce: Diaz vs. Daley | | style="text-align:center;"| 1 | style="text-align:center;"| 4:57 | San Diego, California, United States | |- | Win | style="text-align:center;"| 24–7 (1) | Evangelista Santos | Submission (armbar) | Strikeforce: Diaz vs. Cyborg | | style="text-align:center;"| 2 | style="text-align:center;"| 4:50 | San Jose, California, United States | |- | Win | style="text-align:center;"| 23–7 (1) | K.J. Noons | Decision (unanimous) | Strikeforce: Diaz vs. Noons II | | style="text-align:center;"| 5 | style="text-align:center;"| 5:00 | San Jose, California, United States | |- | Win | style="text-align:center;"| 22–7 (1) | Hayato Sakurai | Submission (armbar) | Dream.14 | | style="text-align:center;"| 1 | style="text-align:center;"| 3:54 | Saitama, Saitama, Japan | |- | Win | style="text-align:center;"| 21–7 (1) | Marius Žaromskis | TKO (punches) | Strikeforce: Miami | | style="text-align:center;"| 1 | style="text-align:center;"| 4:38 | Sunrise, Florida, United States | |- | Win | style="text-align:center;"| 20–7 (1) | Scott Smith | Submission (rear naked choke) | Strikeforce: Lawler vs. Shields | | style="text-align:center;"| 3 | style="text-align:center;"| 1:41 | St. Louis, Missouri, United States | |- | Win | style="text-align:center;"| 19–7 (1) | Frank Shamrock | TKO (punches) | Strikeforce: Shamrock vs. Diaz | | style="text-align:center;"| 2 | style="text-align:center;"| 3:57 | San Jose, California, United States | |- | Win | style="text-align:center;"| 18–7 (1) | Thomas Denny | TKO (punches) | EliteXC: Unfinished Business | | style="text-align:center;"| 2 | style="text-align:center;"| 0:30 | Stockton, California, United States | |- | Win | style="text-align:center;"| 17–7 (1) | Muhsin Corbbrey | TKO (punches) | EliteXC: Return of the King | | style="text-align:center;"| 3 | style="text-align:center;"| 3:59 | Honolulu, Hawaii, United States | |- | Win | style="text-align:center;"| 16–7 (1) | Katsuya Inoue | TKO (corner stoppage) | Dream.3 | | style="text-align:center;"| 1 | style="text-align:center;"| 6:45 | Saitama, Saitama, Japan | |- | Loss | style="text-align:center;"| 15–7 (1) | K.J. Noons | TKO (doctor stoppage) | EliteXC: Renegade | | style="text-align:center;"| 1 | style="text-align:center;"| 5:00 | Corpus Christi, Texas, United States | |- | Win | style="text-align:center;"| 15–6 (1) | Mike Aina | Decision (split) | EliteXC: Uprising | | style="text-align:center;"| 3 | style="text-align:center;"| 5:00 | Honolulu, Hawaii, United States | |- | NC | style="text-align:center;"| 14–6 (1) | Takanori Gomi | No contest (overturned) | PRIDE 33: The Second Coming | | style="text-align:center;"| 2 | style="text-align:center;"| 1:46 | Las Vegas, Nevada, United States | |- | Win | style="text-align:center;"| 14–6 | Gleison Tibau | TKO (punches) | UFC 65: Bad Intentions | | style="text-align:center;"| 2 | style="text-align:center;"| 2:27 | Sacramento, California, United States | |- | Win | style="text-align:center;"| 13–6 | Josh Neer | Submission (kimura) | UFC 62: Liddell vs. Sobral 2 | | style="text-align:center;"| 3 | style="text-align:center;"| 1:42 | Las Vegas, Nevada, United States | |- | Win | style="text-align:center;"| 12–6 | Ray Steinbeiss | Decision (unanimous) | ICFO 1: Stockton | | style="text-align:center;"| 3 | style="text-align:center;"| 5:00 | Stockton, California, United States | |- | Loss | style="text-align:center;"| 11–6 | Sean Sherk | Decision (unanimous) | UFC 59: Reality Check | | style="text-align:center;"| 3 | style="text-align:center;"| 5:00 | Anaheim, California, United States | |- | Loss | style="text-align:center;"| 11–5 | Joe Riggs | Decision (unanimous) | UFC 57: Liddell vs. Couture 3 | | style="text-align:center;"| 3 | style="text-align:center;"| 5:00 | Las Vegas, Nevada, United States | |- | Loss | style="text-align:center;"| 11–4 | Diego Sanchez | Decision (unanimous) | The Ultimate Fighter 2 Finale | | style="text-align:center;"| 3 | style="text-align:center;"| 5:00 | Las Vegas, Nevada, United States | |- | Win | style="text-align:center;"| 11–3 | Koji Oishi | KO (punches) | UFC 53: Heavy Hitters | | style="text-align:center;"| 1 | style="text-align:center;"| 1:24 | Atlantic City, New Jersey, United States | |- | Win | style="text-align:center;"| 10–3 | Drew Fickett | TKO (punches) | UFC 51: Super Saturday | | style="text-align:center;"| 1 | style="text-align:center;"| 4:40 | Las Vegas, Nevada, United States | |- | Loss | style="text-align:center;"| 9–3 | Karo Parisyan | Decision (split) | UFC 49: Unfinished Business | | style="text-align:center;"| 3 | style="text-align:center;"| 5:00 | Las Vegas, Nevada, United States | |- | Win | style="text-align:center;"| 9–2 | Robbie Lawler | KO (punches) | UFC 47: It's On! | | style="text-align:center;"| 2 | style="text-align:center;"| 1:31 | Las Vegas, Nevada, United States | |- | Win | style="text-align:center;"| 8–2 | Jeremy Jackson | Submission (armbar) | UFC 44: Undisputed | | style="text-align:center;"| 3 | style="text-align:center;"| 2:04 | Las Vegas, Nevada, United States | |- | Win | style="text-align:center;"| 7–2 | Jeremy Jackson | TKO (punches) | IFC WC 18: Big Valley Brawl | | style="text-align:center;"| 1 | style="text-align:center;"| 4:33 | Lakeport, California, United States | |- | Win | style="text-align:center;"| 6–2 | Joe Hurley | Submission (kimura) | WEC 6 | | style="text-align:center;"| 1 | style="text-align:center;"| 1:55 | Lemoore, California, United States | |- | Loss | style="text-align:center;"| 5–2 | Kuniyoshi Hironaka | Decision (split) | Shooto 2002 Year-End Show | | style="text-align:center;"| 3 | style="text-align:center;"| 5:00 | Chiba, Chiba, Japan | |- | Win | style="text-align:center;"| 5–1 | Harris Sarmiento | TKO (corner stoppage) | Warriors Quest 8: Young Guns | | style="text-align:center;"| 2 | style="text-align:center;"| 1:47 | Honolulu, Hawaii, United States | |- | Loss | style="text-align:center;"| 4–1 | Jeremy Jackson | TKO (punches) | UA 4: King of the Mountain | | style="text-align:center;"| 1 | style="text-align:center;"| 0:49 | Auberry, California, United States | |- | Win | style="text-align:center;"| 4–0 | Adam Lynn | Submission (armbar) | UA 4: King of the Mountain | | style="text-align:center;"| 1 | style="text-align:center;"| 2:51 | Auberry, California, United States | |- | Win | style="text-align:center;"| 3–0 | Blaine Tyler | TKO (punches) | UA 4: King of the Mountain | | style="text-align:center;"| 2 | style="text-align:center;"| 2:01 | Auberry, California, United States | |- | Win | style="text-align:center;"| 2–0 | Chris Lytle | Decision (split) | IFC Warriors Challenge 17 | | style="text-align:center;"| 3 | style="text-align:center;"| 5:00 | Porterville, California, United States | |- | Win | style="text-align:center;"| 1–0 | Mike Wick | Submission (triangle choke) | IFC Warriors Challenge 15 | | style="text-align:center;"| 1 | style="text-align:center;"| 3:43 | Oroville, California, United States |

Boxing record

Result	Record	Opponent	Method	Date	Round	Location	Notes
align="center" xWin		Alfonso Rocha	UD			Radisson Hotel, Sacramento, California	Boxing Debut

See also

List of current mixed martial arts champions

References

External links

Category:1983 births Category:Living people Category:People from Stockton, California Category:People from Lodi, California Category:American mixed martial artists Category:Mixed martial artists from California Category:American mixed martial artists of Mexican descent Category:Welterweight mixed martial artists Category:Middleweight mixed martial artists Category:Strikeforce champions Category:World Extreme Cagefighting champions Category:American sportspeople in doping cases Category:Doping cases in mixed martial arts Category:American boxers Category:American boxers of Mexican descent Category:American practitioners of Brazilian Jiu-Jitsu

ja:ニック・ディアス pl:Nick Diaz pt:Nick Diaz sv:Nick Diaz uk:Нік Діас

Coordinates	21°18′32″N157°49′34″N
Name	Dana White
Birth date	July 28, 1969
Birth place	Manchester, CT, U.S.
Height	5 ft 11 in
residence	Las Vegas, Nevada
Known for	Managing The Ultimate Fighting Championship
Occupation	President
Spouse	Anne
Children	3
net worth	US$150 million (2010)
Nationality	American }}

Dana White (born July 28, 1969) is the current President of the Ultimate Fighting Championship (UFC), a mixed martial arts organization based in the United States.

Biography

Born in Manchester, Connecticut on July 28, 1969, White grew up in Las Vegas, Nevada and Levant, Maine. White is a passionate Boston Red Sox fan. During his youth, he bounced back and forth between Boston and Maine. He attended the University of Massachusetts Boston but did not finish; however, while there he did launch a boxing program for inner-city youth.

White has a background as an aerobics instructor. In 1992, White established Dana White Enterprises in Las Vegas. He conducted aerobics classes at three gyms in the Las Vegas area and began managing MMA fighters Tito Ortiz and Chuck Liddell.

While working as a manager, White learned that Semaphore Entertainment Group, the parent company of the UFC, was looking for a buyer for the UFC. White contacted childhood friend Lorenzo Fertitta, an executive at Station Casinos, and a former commissioner of the Nevada State Athletic Commission. Within a month, Lorenzo and his older brother Frank bought the UFC, with White installed as its president. White currently owns 9% of Zuffa, LLC, the entity the Fertitta brothers created to own and manage the UFC.

White failed to comment on a potential network broadcast deal at the UFC 136 press conference. The next day it was confirmed that the UFC and Fox broadcast networks had met a multiple year deal.

Controversy

Loretta Hunt

On April 1, 2009, White was videotaped in a verbal tirade against Loretta Hunt, a sportswriter for Sherdog, in response to an article she wrote. In the video posted on his YouTube account, White used derogatory language in an obscenity-laced rant. The video was pulled from his official UFC YouTube page but has been widely republished across the internet and come under fire, including by GLAAD for his use of anti-gay slurs. White would later apologize for his slurs. He specifically did not include Hunt in the apology. Hunt responded by saying "I stand by the story. It's accurate."

Charity

In December 2010 White donated $50,000 for a life-saving surgery for the 7-month-old daughter of a popular Thai MMA trainer at Tiger Muay Thai in Phuket, Thailand. In a similar act of charity in 2010, White donated approximately $8,000 to help pay for the brain tumor treatment of two-year-old British girl, Ruby Owen. The young girl's family had described themselves as being "shocked and over the moon". Ruby Owen's uncle, being a UFC fan had contacted White via email and asked if he could help by donating to the Ruby Owen fund raising website. White and Owen have never officially met. In an act of compassion towards a fan, he gave $300 dollars to one man without hesitation who said that he "just received a speeding ticket while racing across town to meet him". Shortly after being named 2009 Nevada Sportsman of The Year, White added $100,000 from his pocket to the $250,000 total raised for the fund raising marathon sponsored by ESPN Radio 1100 for Las Vegas.

Feud with M-1 Global

After signing negotiations with M-1 Global Russian Heavyweight MMA fighter Fedor Emelianenko fell through in 2009, White and the UFC became the subject of debate and criticism from fans and experts alike. On several occasions, White referred to Emelianenko as "a fake, a phony and a farce.

On June 26th, 2010 following Emelianenko's first legitimate defeat of his career to Brazilian Jiu-Jitsu ace Fabricio Werdum, White shared a simple ":)" via Twitter. The same symbol was expressed by White following Emelianenko's 2nd round doctor stoppage loss to Antonio "Bigfoot" Silva in the opening round of the 2011 Strikeforce GP. White followed this with an insult to Fedor's manager and M-1 Global President Vadim Finkelstein. This began a war of words on the social networking site. M-1 Global’s director of operations, Evgeni Kogan, stood up for Finkelstein and invited White to repeat his words to Finkelstein in person. When fans attempted to reason with White, they were met with similar contempt and insults

There is controversy over whether Fedor Emelianenko and White have actually met. White has claimed to have met Emelianenko on a "crazy island in the middle of nowhere". In 2011, Emelianenko denied that this encounter ever took place.

Accomplishments

Nevada Sportsman of the Year (2009)

Wrestling Observer Newsletter Awards

Promoter of the Year (2005–2010)

World MMA Awards

*Leading Man of the Year 2010

Armed Forces Foundation

Patriot Award

References

Won Sports Media Marketing’s Game Changer Award.

External links

UFC homepage

June/July Men's Fitness cover story

Official Twitter

Category:Living people Category:1969 births Category:Mixed martial arts people Category:People from Manchester, Connecticut Category:American atheists

de:Dana White fr:Dana White ja:ダナ・ホワイト no:Dana White pt:Dana White ru:Уайт, Дэйна