what does terra nullius mean for kids

What does terra nullius mean?

The term terra nullius is a Latin expression that comes from a Roman law. It means “land belonging to no one.” In the early 1800s Great Britain used this idea to claim ownership of most of the land in Australia. The first European explorers to land in Australia did not find many people there. They also did not see any signs of settlement.

What are the best books about the history of terra nullius?

Revista de historia regional y local (in Spanish). 11 (21): 211–248. doi: 10.15446/historelo.v11n21.71500 – via Dialnet. Connor, Michael (2005). The Invention of Terra Nullius. Sydney, NSW, AU: Macleay Press. Culhane, Dara (1998). The Pleasure of the Crown: Anthropology, law, and the First Nations. Vancouver, BC: Talon Books. Rowse, Tim (2001).

Why is there no terra nullius in Croatia?

This claim of terra nullius is a result of a sale of a plot to a Croatian farmer from a Slovenian farmer. The land became Croatian upon the dissolution of Yugoslavia according to the farmer and Slovenia, however, Croatia has never recognized this claim, making this enclave terra nullius.

Was Australia terra nullius at the time of settlement?

Aboriginal peoples inhabited Australia for over 50,000 years before European settlement, which commenced in 1788, but Indigenous customs, rituals and laws were unwritten. It was formally claimed by the settlers that Australia was terra nullius at the time of settlement. This is also described as a " doctrine of discovery ".

What is the meaning of terra nullius '?

land belonging to no-oneTerra nullius is a Latin term meaning 'land belonging to no-one'. British colonisation and subsequent Australian land laws were established on the claim that Australia was terra nullius, justifying acquisition by British occupation without treaty or payment.

What is an example of terra nullius?

Bir Tawil is an example of a territory often claimed to be terra nullius. Between Egypt and Sudan is the 2,060 km2 (800 sq mi) landlocked territory of Bir Tawil, which was created by a discrepancy between borders drawn in 1899 and 1902.

What is the best definition of terra nullius in plain English?

Terra Nullius. Terra Nullius. In Latin, the term terra nullius means "land belonging to nobody." It does not, however, seem to have been a Roman concept.

Why was Australia called terra nullius?

Possession of Australia was declared on the basis of unilateral possession. The land was defined as terra nullius, or wasteland, because Cook and Banks considered there were few 'natives' along the coast. They apparently deduced that there would be fewer or none inland. Their observations were soon proven incorrect.

Who called Australia terra nullius?

The Proclamation of Governor Bourke implemented the doctrine of terra nullius upon which British settlement was based, reinforcing the notion that the land belonged to no one prior to the British Crown taking possession of it.

What is the role of terra nullius in Australia today?

Terra nullius is today used as a catch-all phrase to explain how Australia was founded; to justify and legitimise the dispossession, dispersal, and inhumane treatment of First Nations peoples.

Is Antarctica terra nullius?

Officially, Antarctica is not ruled by anybody; the entire continent is terra nullius: land that belongs to noone. After the Moon, it is the largest terra nullius area that men have walked on.

How did terra nullius affect the Aboriginal?

Terra nullius essentially asserted that Indigenous people were non-human. This premise formed the basis of the relationship between Indigenous people and the nation state from its very inception. This problematic relationship has never been fully resolved, even in light of the Mabo decision and resulting Native Title.

Is there anywhere in the world classified as terra nullius?

Other claims Other historical terra nullius claims include those of the Senkaku/Diaoyu Islands, South Island of New Zealand, Eastern Greenland, Western Sahara, Canada, a strip of land along the Burkina Faso–Niger border, and the Scarborough Shoal in the South China Sea.

When was Australia terra nullius?

Nonetheless, on 22 August 1770, Cook declared the east coast of the continent a British possession. The concept of terra nullius, or land belonging to no-one, remained the legal principle on which British colonisation rested until 1992, when the High Court brought down its finding in the Mabo vs Queensland (No.

What is the difference between Terra Nullius and Res Nullius?

Many scholars have noted the similarity between the terra nullius principle and the Roman law term res nullius, meaning nobody's thing. In Roman law, res nullius, or things without owners, such as wild animals (ferae bestiae), lost slaves and abandoned buildings could be taken as property by anyone by seizure. Therefore, some scholars have argued that terra nullius stems from res nullius, but others disagree and claim that the derivation is "by analogy" only.

What is the name of the land in Antarctica?

The unclaimed areas of Antarctica, including all of Marie Byrd Land. Terra nullius ( / ˈtɛrə nʌˈlaɪəs /, plural terrae nullius) is a Latin expression meaning " nobody's land ". It was a principle sometimes used in international law to justify claims that territory may be acquired by a state's occupation of it.

Was the Western Sahara terra nulli?

The court found in its advisory opinion that Western Sahara was not terra nullius at that time.

Is Terra Nullius a derivation of Res Nullius?

Therefore, some scholars have argued that terra nullius stems from res nullius, but others disagree and claim that the derivation is "by analogy" only. A part of the debate over the history of terra nullius is when the term itself was first used.

When was Terra Nullius overturned?

Terra Nullius was overturned on 3 June 1992. A small group led by Eddie Mabo fought a legal battle against the state for over ten years over land rights. The High Court decreed that indigenous people had ownership of the land long before European settlement and that therefore Terra Nullius was void.

What would happen if a country was uninhabited?

If the country was uninhabited, Britain could claim and settle that country. In this case, it could claim ownership of the land. If the country was already inhabited, Britain could ask for permission from the indigenous people to use some of their land.

Overview

History

Current claims of terra nullius

Historical claims of terra nullius

Limits of national jurisdiction and sovereignty

See also

Sources

External links

Terra Nullius in Australia

• The United Kingdom relied on this principle to claim possession of the Australian continent. It was deemed that, prior to the arrival of Europeans, Australia was "a tract of territory practically unoccupied, without settled inhabitants or settled law" (as the Privy Council put it in 1889). This was, of course, a legal fiction, as the continent was ...

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Terra Nullius Elsewhere

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Further Reading