Preview

Terra Nullius Research Paper

Good Essays
Open Document
Open Document
290 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Terra Nullius Research Paper
This document reinforces that all land is now owned by the British Crown and that and individual may only procure land if it is distributed by the Crown (Bourke 1835, p. 1). This reinforces the belief that Europeans had no respect for Indigenous Australians or their right to the land they have occupied for over 45,000 years, as they declare the land to be theirs. The whole concept of terra nullius itself was a legal and self-serving justification of the appropriation of land despite there already being people living of of the land. Terra nullius also states that it is a land that has not been subject to sovereignty, so it may be claimed by another, this means that the British clearly believed that though there were already people living there,

You May Also Find These Documents Helpful

  • Good Essays

    Harris’ first section, “The General Argument,” provides a foundational understanding of European land ownership and management systems, the development and proliferation of “cravings for independence” (471) following Payne’s The Rights of Man, and the challenges associated with encountering both indigenous populations and forests in colonial territories (472). In this first section, Harris also…

    • 683 Words
    • 3 Pages
    Good Essays
  • Good Essays

    (Bridge C, 2014) William Hughes felt that the White Australia Policy of 1901 was threatened by the equality of different races. His successful lobbying prevented nations such as Japan from privately joining the League of Nations. Mr Hughes’ final request was for ownership of former German New Guinea. The Prime Minister believed the portion of land to be Australia’s ‘strategic front door,’ protecting us from attack and so securing our great nation’s safety.…

    • 563 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Ranging from the Rocky Mountains eastward to the Mississippi River, the ornate box turtle, Terrapene ornata, is the western counterpart of the common, or eastern box turtle, a group of species and subspecies known collectively by the scientific name Terrapene carolina.…

    • 765 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The Mabo Decision

    • 577 Words
    • 3 Pages

    Before the Mabo Decision, Indigenous Australians never had a victory in court as the judges always favoured the 'White' Australians opinion and was always biased with the rulings. The background on the Mabo Decision was the fact that Eddie Mabo and other Torres Strait Islanders decided to fight for their ancestral land and their rights. On 3 June 1992, the High Court by a majority of six to one upheld the claim and ruled that the lands of this continent were not terra nullius or land belonging to no-one when European settlement occurred, and that the Meriam people were 'entitled as against the whole world to possession, occupation, use and enjoyment most of the lands of the Murray Islands.’ Eddie Mabo argued the fact that under the 'native title' and the complex customary ownership of the land which predated colonisation it was rightfully theirs.…

    • 577 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Mabo Decision was the outcome of the protest led by Eddie Mabo with a group of people from the Murray Islands in Torres Strait claiming that they had ownership of the islands before the white people settled. This act was very successful leading to the High Court deciding that the Murray Islanders were entitled to possession, occupation, enjoyment and use of the lands. The Mabo Decision overturned the concept of Terra Nullius (‘the land belonging to no one’) meaning the Australians recognised that the native title still…

    • 1104 Words
    • 5 Pages
    Good Essays
  • Better Essays

    Unlike land rights, native title recognises the validity of aborigional territorial laws already existing prior to eurpoean settlement.When british colonists declared australia terra nullius, native title rights were automatically extinguished under state and federal law. Today, native title, while not giving actual land ownership title, allows under specific and restricted conditions, some access to ancestral lands. This facilitates use of the land for spiritual and ceremonial as well as other purposes.The first native title legislation was passed with the pitjantjatjara lands act (1956) where land was transferred to the local indigenous community, who had maintained a close and continous association with their ancestral land. Although this legislation provided no basis for claims by other groups, it heralded and era in change.The woodward royal commission was the first governmental inquiry to appreciate the crucial link between aborigional spiritualities and the land. It found that only territorial restoration could make possible the preservation of a spiritual link with his own land which gives aboriginal a sense of identity and lies at the heart of his spiritual beliefs.The first real protection for native title rights came in 1975 when the racial discrimination act was…

    • 1918 Words
    • 8 Pages
    Better Essays
  • Good Essays

    The thirteen Colonies

    • 375 Words
    • 2 Pages

    Colonial charters specified the land that an individual or corporation had the right to settle. In the case of the New World, the English government, like its European counterparts, dismissed the rights of the Native American inhabitants and claimed title as the Christian discoverers of the lands. An imprecise awareness of the actual geography of…

    • 375 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Nothingland, a place where nothing seems to make sense to anyone on Earth. Impossible things happen, violating the common beliefs in Science. A trip to Nothingland has changed the life of an ordinary young teenager, Aloysius. The story writes about the journey of Aloysius in Nothingland and how Nothingland has affected his life as a person on Earth (also known as Gaia in the story).…

    • 2713 Words
    • 11 Pages
    Better Essays
  • Better Essays

    Invasion or Settlement

    • 1265 Words
    • 6 Pages

    In 1788 before the first fleet arrived there were over 500 Aboriginal tribes or nations in Australia all in which had efficient and sustainable systems for living off the land. They achieved a balanced diet by hunting and gathering, they moved seasonally between camps depending on food supplies, had very sophisticated social relationships and trading links across Australia. This was all taken away from them without notice by the British invaders. In 1770 captain cook declared Australia to be ‘terra nullius’ meaning ‘no man’s land’ or ‘land belonging to no-one’ so that he could claim Australia to Brittan. When the first fleet arrived in 1788 the aboriginal people had no idea what was going on and they believed the British people to be ‘ghosts’, because they had never seen white people before. The aboriginals were kind and friendly to the British because they thought they were just visitors, but little did they know that 200 years down the track those ‘ghosts’ would have taken over the whole country. Contact between the locals and the Europeans was disastrous for the Aboriginal people, they brought diseases such as smallpox, colds, the flu and measles, these were fatal as the indigenous Australians had no resistance to such introduced diseases, so therefore these diseases plagued native populations. The Brittan population that were living in Australia at the time would take whatever land they liked pushing away all the aboriginals using forceful weapons which the…

    • 1265 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Benir V. Alba

    • 1169 Words
    • 5 Pages

    The conditions for a Terra Nullius or land that is not occupied nor claimed by any state, state that no inhabitants shall be found on this…

    • 1169 Words
    • 5 Pages
    Better Essays
  • Best Essays

    “that the land in the Murray Islands is not Crown land…”. This was one of the…

    • 1539 Words
    • 7 Pages
    Best Essays
  • Good Essays

    There are many effects of British colonisation on Indigenous Australians. One of the worst impacts was the loss of land. The land is the sole provider of food, medicine and other basic needs to Indigenous Australians. It is also the main part of their spiritual and cultural beliefs.…

    • 561 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Captain cook arrived to Australia in 1770 and it was believed that there was at least 750 000 Aborigines living in 600 different tribes in Australia. Aboriginal people formed their own way of living with their isolation of external influences with dreamtime, their religious and spiritual belief. The Aboriginal people believed in terra nullius (meaning 'land belonging to no one') and soon after, the Europeans took away terra nullius and claimed to own the land. The European colonial governments started to grant, lease and sell land to white settlers and made money from it.…

    • 454 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Legacies Of Colonialism

    • 1192 Words
    • 5 Pages

    The doctrine of discovery and terra nullius narratives are at the forefront of legitimizing sole sovereign control over the land. Europeans initially used the treaty negotiations as documents that “proved” the Indigenous people ceded right and title of the land to the Crown and documented an alternate history in ways that benefited the colonial project. Terra nullius was used to prove that the land was barren and empty and that there were no civilizations that existed upon the land and the doctrine of discovery in lieu was invoked to legitimize claims land claims and underlying title of the crown (Borrows 2002, 117).…

    • 1192 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    The legal fiction upon which Australia was founded refers to the British doctrine, “terra nullius”. The phrase translates to “land without ownership”. When Australia was founded, even though the colonisers acknowledged the presence of the Indigenous they considered the Aboriginals too primitive to be actual owners. The Aboriginals were considered too primitive with no identifiable hierarchy or political structure. This legal fiction had a significant impact on Australia with the widely known Mabo Case. In May 1982, Eddie Mabo and four other plaintiffs of the Murray Islands pursued confirmation of their traditional land rights in the High Court of Australia. Their claim had been that Murray Island (Mer) had been previously inhabited and had been possessed by the Meriam people with their own social and political organisations. After 10 years and the death of Mabo, on June 3 1992, the High Court ruled that the lands of Australia were not terra nullius when European settlement occurred and the Meriam people were entitled to the lands of Murray Island. Then in December 1993, the Native Title Act was produced as part of the Commonwealth’s response to the High Court’s decision to protect the native lands of Aboriginals. The legal fiction has therefore had a major impact on Australia’s legal history with the introduction of the Native Title Act where the Aboriginal and Torres Strait Islanders were compensated for the dispossession of their lands.…

    • 2019 Words
    • 9 Pages
    Powerful Essays