Terra Nullius by Claire G. Coleman Claire Coleman's debut novel Terra Nullius came out last year in her home country of Australia, but it's now hitting the United States for the first time.
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The land was declared terra nullius: free for the taking.
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Terra nullius is the convenient fiction that if no Europeans were present, the land was uninhabited.
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Colonialism itself is certainly fake news with its claim to what was imagined as "empty land" (terra nullius).
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Their 500 or so separate nations lacked kingpins or settled agriculture, so colonisers deemed the land terra nullius, free for the taking.
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Each had established research alliances during that time, and wished for Antarctica to remain a terra nullius for freedom of scientific investigation.
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In 1992, a legal suit, now known as the "Mabo Case," officially overturned the concept of terra nullius in the High Court of Australia.
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The British considered the continent to be "terra nullius" or "nobody's land," despite the estimated 750,000 to 21 million indigenous people living there at the time.
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Jedlicka, a Czech citizen with libertarian leanings and a Euroskeptic, found out about the territory while reading about "terra nullius" — "nobody's land" in Latin — on Wikipedia.
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Eighteenth-century British colonizers created the myth of the "terra nullius," the empty land, to deny the presence of people who had inhabited it for some 65,000 years.
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On April 29, the explorer arrived at Botany Bay, claimed that he'd discovered the mythical continent, and declared terra nullius to seize possession of Australia's east coast for Britain.
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Thornhill refuses to acknowledge that the plot he's staking a claim to is not, as Captain James Cook had declared from the shoreline in 1770, "terra nullius" ("empty land").
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The legal fiction of "terra nullius" — a land belonging to no one — was eventually overturned by the High Court in 1992 in what's famously known as the Mabo case.
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If we need a celebration of this kind at all, perhaps it could be on Mabo Day, June 3, the day in 1992 when terra nullius was formally overturned.
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The colonizers and their courts considered Australia "terra nullius" or "land belonging to nobody," a legal fiction used to justify the theft of Aboriginal land over the next two centuries.
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In the Russian imagination, the land beyond the Urals was not just a site of damnation, but a terra nullius for cultivation and annexation to the needs of the imperial state.
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The idea that Australia was empty and belonged to no one when the British discovered it in 1770, terra nullius allowed European settlers to take the land with no regard for its original inhabitants.
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It calls for a new royal proclamation (Canada is a constitutional monarchy) that among other things would repudiate two concepts based on papal bulls from the 15th century: the Doctrine of Discovery and terra nullius.
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"The player arrives in the world, like Robinson Crusoe, into a terra nullius," a blank slate which they are then encouraged to improve and where the native inhabitants are often obstacles in the way of development.
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With rents ever higher in Chelsea's old garages and the Lower East Side's tenements, nearly a dozen homesteading dealers have moved to a few blocks of terra nullius hemmed in by SoHo, TriBeCa and the Civic Center.
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But Japan refuses any challenge to its sovereignty over the islands it took as terra nullius (nobody's land) after it won the Sino-Japanese war in 1894, even though the Japanese maps from 1783 and 1785 show Senkaku/Diaoyu islands as Chinese territory.
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I've already written at length about the genius of Spectral Wound (and the band's predecessorm Ensorcelor, too) and stuck their latest album, Terra Nullius, on my best of 2015 list for this very site, but as it turns out, I'm still not done singing their praises.
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Several territories have been claimed to be terra nullius. In a minority of those claims, international and domestic courts have ruled on whether the territory is or was terra nullius or not.
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At the request of Morocco, the International Court of Justice in 1975 addressed whether Western Sahara was terra nullius at the time of Spanish colonization in 1885. The court found in its advisory opinion that Western Sahara was not terra nullius at that time.
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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 beastiae), 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. A part of the debate over the history of terra nullius is when the term itself was first used.
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According to historian of ideas Andrew Fitzmaurice, territorium nullius and terra nullius were two different, albeit related, legal terms. He claims that territorium nullius was first used in a meeting of the Institut de Droit International in 1888 where the legal principles of the Berlin conference were discussed and that terra nullius was introduced twenty years later during legal disputes over the polar regions. Historian Michael Connor on the other hand, argues that territorium nullius and terra nullius are the same thing. Both scholars are active in the Australian "history wars" debate.
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According to Ian Mitchell, Rockall was terra nullius until it was claimed by the United Kingdom in 1955. It was formally annexed in 1972.
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Presented at the Permanent Forum on Indigenous Issues, Ninth Session, United Nations Economic and Social Council, New York, 27 Apr 2010. and frontierist concepts like terra nullius.
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This false appearance of Burnaby as a vast open space, along with traditional Indigenous farming techniques which did not permanently alter the landscape, meant Indigenous land in Burnaby was mislabeled as Terra Nullius.
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Terra nullius (, 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.
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Mabo tells the story of one of Australia's national heroes - Eddie Koiki Mabo, the Torres Strait Islander who left school at age 15, yet spearheaded the High Court challenge that overthrew the fiction of terra nullius.
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Hobson, J.A. "Imperialism: a study." Cosimo, Inc., 2005. p. v. British imperialism in some sparsely-inhabited regions appears to have applied a principle now termed Terra nullius (Latin expression which stems from Roman law meaning 'no man's land').
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The ILSC Board makes all policy and land acquisition decisions. The ILC was formed following the Mabo decision which first recognised native title in Australia and the prior ownership of land by indigenous people, rejecting the doctrine of terra nullius.
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The country of Australia serves as a case study in relation to British settlement and colonial rule of the continent in the 18th century, that was arguably premised on terra nullius, as its settlers considered it unused by its original inhabitants.
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Officials (Taha.Jamous), justified this with the claim that Australia was terra nullius - Latin for land belonging to no-one - which justified acquisition by British occupation without treat or payment. This effectively denied acknowledgement of Indigenous Australians had a previous occupation and connection to the land.
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Norway occupied and claimed parts of (then uninhabited) eastern Greenland in 1931, claiming that it constituted terra nullius and calling the territory Erik the Red's Land. The Permanent Court of International Justice ruled against the Norwegian claim. The Norwegians accepted the ruling and withdrew their claim.
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Aboriginal Australians inhabited Australia for over 65,000 years before European settlement, which commenced in 1788. Indigenous customs, rituals and laws were unwritten. It has been claimed that Australia was considered terra nullius at the time of settlement. This is also described as a "doctrine of discovery".
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He refused any contact with western civilization, relying on himself in order to survive and also provides assistance to the indigenous peoples of Magellania. However, the 1881 Boundary Treaty will destroy his paradise of individualist anarchism because it will end the state of terra nullius in the region.
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A public holiday would be a > celebration all Australians can share in with pride – a celebration of truth > that unites Indigenous and non-Indigenous Australians and a celebration of > justice that overturned the legal myth of terra nullius - Mabo symbolises > truth and justice and is a cornerstone of Reconciliation.
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He refused any contact with western civilization, relying on himself in order to survive and also provides assistance to the indigenous peoples of Magellania. However, the 1881 Boundary Treaty will destroy his paradise of individualist anarchism because it will end the state of terra nullius in the region.
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There is considerable debate among historians about how and when the terra nullius concepts were used. The debate has been especially prevalent in Australia where it was ignited by the history wars caused by the Mabo case in 1992, a landmark decision which decided in favour of native title in Australia and was a pivotal moment in the history of Indigenous land rights in Australia. The history wars caused Australian historians to reevaluate the country's history, the dispossession of Aboriginal Australians and whether the land should best be characterised as having been "settled" or "conquered". A part of this debate was over whether terra nullius was ever used by England and other European powers to justify territorial conquest.
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As a result, both Egypt and Sudan claim sovereignty over the territory. Rongxing Guo. Territorial disputes and resource management: a global handbook Nova Publishers, 2007. pp. 132-133. Conversely, the area south of the line which had been administered by Egypt, Bir Tawil, is a terra nullius, claimed by neither country.
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The 1835 proclamation by Governor Richard Bourke implemented the doctrine of terra nullius upon which British settlement was based, reinforcing the concept that there was no land owner before British possession and that Aboriginal people could not sell or assign the land, and individuals could only acquire it through distribution by the Crown.
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It might be said, Dr Cribb's most enduring professional contribution over a lifetime, was his work to counter all sense of 'terra nullius by recording large archaeological landscapes; facilitating archaeological heritage protection; and revealing forever the richness, density and vastness of some of the cultural landscapes still persisting in Anatolia (Turkey), and Cape York (Australia).
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The frontier is a border that is open-ended to one side, identifying an expanding borderland to one side. This type of border can be fairly abstract and has been identified as a particular state of mind for human activity. As such frontiers have been applied to borderlands identifying and claiming them as terra nullius.
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Claire G. Coleman is a Wirlomin-Noongar-Australian writer and poet, whose 2017 debut novel, Terra Nullius won the Norma K Hemming Award. The first draft of resulted in Coleman being awarded the State Library of Queensland's 2016 black&write;! Indigenous Writing Fellowship. She gave the Loris Williams Memorial Lecture at the 2018 Australian Society of Archivists conference.
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Rules for use of the continent Antarctica were based on res communis as was development of space law. The term can be contrasted with res nullius, the concept of ownerless property, associated for example with terra nullius, the concept of unowned territory by which British settlement in Australia was arguably based, despite being home to indigenous peoples.
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Indigenous Australian customary law was asserted to be a nullity by English colonisers, who asserted a legal fiction that Australia was terra nullius at the time of settlement. For that reason, customary laws were explicitly ignored by Australian courts. The post-colonial legal system recognized Indigenous customary law as giving rise to a valid legal claim in the Mabo decision, in which the legal fiction of terra nullius was discarded. While the court found that the crown held radical title over all land in Australia, (including land subject to indigenous legal claims) the High Court held that it would recognise customary legal rights to land; if and only if those legal rights had been maintained continuously since settlement, and not displaced by an inconsistent grant in title to another person.
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Edward Koiki Mabo (né Sambo; c. 29 June 1936 – 21 January 1992) was an Indigenous Australian man from the Torres Strait Islands known for his role in campaigning for Indigenous land rights and in a landmark decision of the High Court of Australia that overturned the legal doctrine of terra nullius ("nobody's land") that characterised Australian law with regard to land and title.
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In the case of Indigenous Australians, no treaty was ever entered into with the Indigenous peoples entitling the Europeans to land ownership, mostly adopting the doctrine of terra nullius (with the exception of South Australia). This concept was later overturned by Mabo v Queensland, which established the concept of native title in Australia well after colonization was already a fait accompli.
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A disputed archipelago in the East China Sea, the uninhabited Senkaku Islands, are claimed by Japan to have become part of its territory as terra nullius in January 1895, following the First Sino-Japanese War. However, this interpretation is not accepted by the People's Republic of China (PRC) and the Republic of China (Taiwan), both of whom claim sovereignty over the islands.
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She tells women's stories to explore the link between creation and knowledge in Cree storytelling. In The Crooked Good, Halfe explores Cree sacred history using a Cree feminist perspective. Halfe incorporates the white space on the page into the meaning of her poems. The white space represents the settler-colonial idea of terra nullius and, therefore, signifies erasure, a loss of language, and an inability to speak.
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Viking Books, Melbourne. Legislation based on its findings was passed into law by the Fraser Government in 1976, as the Aboriginal Land Rights Act 1976. In 1992, the High Court of Australia handed down its decision in the Mabo Case, holding that the legal doctrine of terra nullius did not apply when Australia was settled, and therefore Indigenous native title survived reception of English law.
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In 1971, in the controversial case of Milirrpum v Nabalco Pty Ltd, popularly known as the Gove land rights case, Justice Richard Blackburn ruled that Australia had been considered "desert and uncultivated" (a term which included territory in which resided "uncivilized inhabitants in a primitive state of society") before European settlement, and therefore, by the law that applied at the time, open to be claimed by right of occupancy, and that there was no such thing as native title in Australian law. The concept of terra nullius was not considered in this case, however.Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141 (27 April 1971) Supreme Court (NT). Court cases in 1977, 1979, and 1982, brought by or on behalf of Aboriginal activists, challenged Australian sovereignty on the grounds that terra nullius had been improperly applied, therefore Aboriginal sovereignty should still be regarded as being intact.
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Thus a sort of terra nullius was formed whose inhabitants declared themselves independent, no longer subject to any authority. In 1484 its autonomy was formally recognized. On May 25, 1826, Cospaia was divided between Tuscany and the Papal States. The treaty was signed by the fourteen surviving members of Cospaia, in exchange for a silver coin, and being allowed to grow up to half a million tobacco plants a year.
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Examples include the Americas, Australia and New Zealand. These colonies were occasionally called "neo-Europes". In other places, Western European settlers formed minority groups, which often used more advanced weaponry to dominate the people initially living in their places of settlement. When Britain started to settle in Australia, New Zealand and various other smaller islands, they often regarded the landmasses as terra nullius, meaning "empty land" in Latin.
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Cannabis in Svalbard is illegal. Practically functioning as ungoverned terra nullius prior to the Svalbard Treaty of 1920, the Arctic Ocean archipelago dominated by glaciers and barren rock, is part of Norway, and hence Norwegian law applies. Under it, there is a sliding scale approach to cannabis legislation. Possession for personal use, defined as up to 15 grams, is punished with a fine of between roughly 1,500 and 15,000 Norwegian kroner.
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Alexander Hamilton showing the island of "Pedrobranco" Malaysia's case was that it had original title to Pedra Branca "from time immemorial".Pedra Branca case, para. 48. The island could not at any relevant time have been terra nullius as it is and had always been part of Johor, which is now a state of Malaysia. Nothing that the United Kingdom or Singapore had done had displaced its sovereignty over it.
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Indigenous land rights have historically been undermined by a variety of doctrines such as terra nullius. The foundational documents for Indigenous land rights in international law include Indigenous and Tribal Peoples Convention, 1989 ("ILO 169"), the Declaration on the Rights of Indigenous Peoples, the Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights, and the American Convention on Human Rights.
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During the Middle Ages, Norrbotten was considered to be terra nullius ("no man's land"). The area was sparsely populated by Sami, Kvens and different people related to the Finns. From the Middle Ages on, the Swedish kings tried hard to colonise and Christianise the area. This took time, however; even today, there are Finnish and Sami minorities living in the area, who have maintained their own culture and customs.
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Unpublished seminar presented as part of James Cook University's School of Anthropology and Archaeology Seminar Program. Cairns, Australia From Dr Cribb's works and his writings, it can be seen 'terra nullius' myths offended his belief in pre-existing, largely unrevealed human heritage deeply imprinted into otherwise apparently 'empty' landscapesCRIBB, R (1991B) Getting into a flap about shell mounds in northern Australia : a reply to Stone. _Archaeology in Oceania_. Volume 26.
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Instead, du Fresne discovered first the Prince Edward Islands and then the Crozet Islands before sailing towards New Zealand and Australia. His ships spent several days in Tasmania, where Marion Bay in the south-east is named after him. He was the first European to explore the island and, due to his interaction with Aboriginal Tasmanians, was the first person to show that Tasmania was not terra nullius.
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Watson, 2002 On 3 June 1992 the Mabo decision was handed down by the High Court of Australia acknowledging Aboriginal land rights and effectively overruling the terra nullius decision by the British Government in 1835 (Governor Bourke). This decision acknowledged that there was "a concept of native title at common law and that the source of the title was a traditional connection to or occupation of the land by Aboriginal and Islander people".Keating, 2011 At a broader scale the decision found that native title had survived the 1788 declaration of British sovereignty of Australia and that it could be claimed on vacant or unallocated Crown land (that had not been converted to freehold title).Bramston, 2016 Keating saw this ruling as a key opportunity to support Aboriginal Land Rights as it was based on the truth of Australian history - that Aboriginal Australians had been disposed of their land by the British Invasion of 1788 and the lie of "terra nullius".
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Soviet expeditions were sent almost yearly from 1923. Franz Josef Land had been considered terra nullius – land belonging to no one – but on 15 April 1926 the Soviet Union declared its annexation of the archipelago. Emulating Canada's declaration of the sector principle, they pronounced all land between the Soviet mainland and the North Pole to be Soviet territory. This principle has never been internationally recognized.Barr (1995): 95 Both Italy and Norway protested.
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Wi Parata undid Symonds, advocating the doctrine of terra nullius and declaring the Treaty of Waitangi 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.Hohepa Wi Neera v Wallis (Bishop of Wellington) [1902 NZGazLawRp 175]; (1902) 21 NZLR 655, Court of Appeal (New Zealand).. The Coal Mines Amendment Act 1903Currently, section 261 of the Coal Mines Act 1979.
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1869 photograph of Greenlandic Inuit. When the union between the crowns of Denmark and Norway was dissolved in 1814, the Treaty of Kiel severed Norway's former colonies and left them under the control of the Danish monarch. Norway occupied then-uninhabited eastern Greenland as Erik the Red's Land in July 1931, claiming that it constituted terra nullius. Norway and Denmark agreed to submit the matter in 1933 to the Permanent Court of International Justice, which decided against Norway.
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This ruling overturned the long-established legal doctrine of terra nullius ("no-one's land"), which held that native title over Crown land in Australia had been extinguished at the time of annexation. The ruling thus has had far-reaching significance for the land claims of both Torres Strait Islanders and Australian Aborigines. Its effects are still being felt in the 21st century, as indigenous communities establish claims to their traditional lands under the Native Title Act of 1993.
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At that time, in international law Spitsbergen was regarded as terra nullius—rights to mine and extract could be established simply by registering a claim. Bruce's syndicate registered claims on Prince Charles Foreland and on the islands of Barentsøya and Edgeøya, among other areas.Map, . A sum of £4,000 (out of a target of £6,000) was subscribed to finance the costs of a detailed prospecting expedition in 1909, in a chartered vessel with a full scientific team.
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II, Sweet and Maxwell, Ltd., London, England, 1947, p225. Cited in Michael A. Morris, The Strait of Magellan, Martinus Nijhoff Publishers, , page 65 Prior to the U.S. statement, in 1873, via a diplomatic letter to major shipping nations, Chile had already promised freedom of navigation through and neutralization in the strait.Michael A. Morris, The Strait of Magellan, Martinus Nijhoff Publishers, 1988, , page 68 and 104 The colonial powers, United Kingdom and France, viewed Patagonia and Tierra del Fuego as Terra nullius.
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The waterfalls of the Slunjčica, together with the Plitvice Lakes, have not been well known for a long time due to their rather isolated position. In medieval times, the region around Slunj was known as no man's land (Latin terra nullius), an uncertain border region between Europe and the Ottoman Empire. Slunj later became a stronghold of the Military Frontier. The fortification of Slovin built by the noble Frankopan family was an esteemed secure refuge, around which the town of Slunj evolved.
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Mabo v Queensland (No 2) (1992) was the foundational case for native title in Australia. In 1992 the doctrine of terra nullius confirmed in Milirrpum v Nabalco was overruled by the High Court in Mabo v Queensland (No 2),. which recognised the Meriam people of Murray Island (Mer) in the Torres Straits as native title holders over part of their traditional lands. The Court repudiated the notion of absolute sovereignty over Australia to the Crown at the moment of European settlement.
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In 1912, Royal Greenland's independence was ended and its operations were folded into the Ministry of the Interior. Arctic exploration placed claims of Danish sovereignty over the whole of Greenland in doubt: the principle of terra nullius seemed to leave huge tracts of the territory available to new entrants. Denmark responded by slowly acquiring diplomatic agreements recognizing its sovereignty from the parties involved, beginning with the treaty selling the Danish Virgin Islands to the United States in 1917.Cavell, Janice.
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" However, shortly after Dutch settlers introduced slave labor to the region and arrived in increasingly greater numbers, conflicts from 1659 to 1660 and 1673 to 1677, followed by a smallpox outbreak caused the majority of the Nama people to flee from their traditional territory. Those who remained soon "existed as 'detribalized indigenous peoples'."Millet 2018, p. 64. Early maps created by European colonizers portrayed an image of southern Africa as a terra nullius of "uncivilized" Indigenous villages and "wild beasts.
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Unlike the US, Canada and New Zealand, no treaty was ever negotiated between the lawful owners of Australia and those who took their land. This makes Australia the only Commonwealth nation where a treaty was never made with the Indigenous people. British colonisers avoided the creation of a treaty by falsely claiming that Australia was terra nullius or uninhabited when they arrived. Many Aboriginal people feel that their sovereignty was not and still is not respected and that a treaty should be created.
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About 22% of land in Northern Australia (Kimberley, Top End and Cape York) is now Aboriginal-owned. In the last decade, nearly 200 native title claims covering 1.3 million km2 of land – approximately 18% of the Australian continent – have been approved. In 1992, in Mabo v Queensland, the High Court of Australia recognised native title in Australia for the first time. The majority in the High Court rejected the doctrine of terra nullius, in favour of the concept of native title.
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Mabo Day occurs annually on 3 June. It commemorates Eddie Koiki Mabo (c. 29 June 1936-21 January 1992), a Torres Strait Islander whose campaign for Indigenous land rights led to a landmark decision of the High Court of Australia that, on 3 June 1992, overturned the legal fiction of terra nullius which had characterised Australian law with regards to land and title since the voyage of James Cook in 1770. In 2010 a campaign was launched to make it a national holiday in Australia.
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In Australia, native title is a common law concept that recognizes that some indigenous people have certain land rights that derive from their traditional laws and customs. Native title can co-exist with non-indigenous proprietary rights and in some cases different indigenous groups can exercise their native title over the same land. There are approximately 160 registered determinations of native title, spanning some 16% of Australia's land mass. The case of Mabo overturned the decision in Milirrpum and repudiated the notion of terra nullius.
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Furthermore, the Court declared that the concept of terra nullius (un-owned land) did not apply to the territory. The Court declared that the Sahrawi population, as the true owners of the land, held a right of self-determination. In other words, any proposed solution to the situation (independence, integration etc.), had to receive the explicit acceptance of the population to gain any legal standing. Neither Morocco nor Mauritania accepted this, and on October 31, 1975, Morocco sent its army into Western Sahara to attack Polisario positions.
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Hensel, Paul R.; Michael E. Allison and Ahmed Khanani (2006). "Territorial Integrity Treaties, Uti Possidetis, and Armed Conflict over Territory" . Presented at the Shambaugh Conference "Building Synergies: Institutions and Cooperation in World Politics", University of Iowa, 13 October 2006. By declaring that uti possidetis applied, the new states sought to ensure that there was no terra nullius in South America when the Spanish withdrew and to reduce the likelihood of border wars between the newly independent states and the establishment of new European colonies.
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Simplified map showing Egypt's territory (yellow), Sudan's territory (blue), disputed territory (green) and unclaimed Bir Tawil (white) Bir Tawil is an example of a territory often claimed to be terra nullius.There is some disagreement of whether Bir Tawil is terra nullius or not. See f.e Chris Borgen, The Man Who Would Be King, Daddy’s Little Princess, and their Territorial Claim Between Egypt and Sudan is the landlocked territory of Bir Tawil, which was created by a discrepancy between borders drawn in 1899 and 1902.
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The flag raising in Gornja Siga was performed by Vít Jedlička and some of his associates on the same day the republic was proclaimed. Jedlička is a member of the Czech Party of Free Citizens, which bases its values on the classical liberal ideology. Jedlička stated that no nation claims the land as its own and he therefore could claim it using the terra nullius doctrine. The border, he argued, was defined in accordance with Croatian and Serbian border claims and did not interfere with any other state's sovereignty.
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The issue ended in a political deadlock, with Denmark–Norway and England both claiming sovereignty and France, the Netherlands and Spain claiming the archipelago a free zone under mare liberum.Arlov (1994): 19 Although Denmark–Norway never formally gave up its claim to Svalbard, the archipelago continued to be a terra nullius—a land without a government.Arlov (1994): 60 The English and Dutch partitioned the island in 1614, as the aggression was hampering the profitability of both groups. That year the Netherlands created Noordsche Compagnie as a whaling cartel.
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On 21 January 1992, Eddie Mabo died of cancer at the age of 55. Five months later, on 3 June 1992, the High Court announced its historic decision to overturn the legal doctrine of terra nullius, a term applied to the attitude of the British towards land ownership in Australia. That decision, formally "Mabo v Queensland (No 2)", now commonly called "Mabo" in Australia, is recognised for its landmark status. Three years after Mabo died, that being the traditional mourning period for the people of Murray Island, a memorial service was held in Townsville.
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A concept derived from res nullius by allegory is terra nulliusLauren Benton and Benjamin Straumann, Acquiring Empire by Law: From Roman Doctrine to Early Modern European Practice, p. 2. Using it, a state may assert control of an unclaimed territory by occupying it. This terra nullius principle was used to justify colonization of much of the world, as exemplified in the competition for influence within Africa by the European powers (see Scramble for Africa). The concept was applied even where there were indigenous peoples residing in what Europeans considered newly discovered land, as in Australia.
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They are believed to be the last uncontacted tribe in Australia. In 1985, the Hawke Government returned ownership of Uluru (formerly known as Ayers Rock) to the local Pitjantjatjara Aboriginal people. In 1992, the High Court of Australia handed down its decision in the Mabo Case, declaring the previous legal concept of terra nullius to be invalid. That same year, Prime Minister Paul Keating said in his Redfern Park Speech that European settlers were responsible for the difficulties Australian Aboriginal communities continued to face: ‘We committed the murders.
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Oceania House, residence of the Clunies-Ross family Clunies-Ross family, 1930s generation The Clunies-Ross family were the original settlers of the Cocos (Keeling) Islands, a small archipelago in the Indian Ocean. From 1827 to 1978, the family ruled the previously uninhabited islands as a private fiefdom, initially as terra nullius and then later under British (1857–1955) and Australian (1955–1978) sovereignty. The head of the family was usually recognised as the resident magistrate, and was sometimes styled as the "King of the Cocos Islands" – a title given by the press.
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From the 1960s to the '90s, George Mye (Torres Strait Islander) was an elder and among the most prominent advocates of Islander interests. Carlemo Wacando was among the first to challenge the legal notion of terra nullius, which Australia had posited to support their annexation of traditional lands. The High Court of Australia ruled in Mabo v Queensland (No 2) (1992) in favor of traditional land ownership of the Torres Strait Islanders, which also applied to Australian aboriginal claims in their territories. The Native Title Act of 1993 was passed to administer these changes.
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In 1969 the government was given a proposal to give back to the Gurindji. Cabinet refused even to discuss the issue. Meanwhile, the Yolngu people of northeast Arnhem Land were taking their grievances to the courts, in the case of Milirrpum v Nabalco, also known as the Gove land rights case, after unsuccessfully petitioning the Commonwealth government with the Yirrkala bark petitions. The judge's decision in Gove in April 1971 relied on the doctrine of terra nullius to deny the Yolngu rights to their land and ensure the security of a bauxite mine by Nabalco.
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Although Denmark–Norway never formally gave up its claim to Svalbard, the archipelago continued to be a terra nullius—a land without a government. The work to establish an administration was initiated by Nordenskiöld in 1871, in which he established that only Russia and Norway would object to an annexation of the island.Arlov (1994): 60 Fridtjof Nansen's endeavors raised the Norwegian public's consciousness of the Arctic, which again brought forth public support for annexation of Svalbard.Arlov (1994): 62 Yet the need for jurisdiction came from the mining community.
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By tribal law, his daughters are not allowed to see male tribal ceremonies, let alone paint them. Dreamings as "property" have also been used by a few Aboriginal tribes to argue before the High Court of Australia their title over traditional tribal land. Paintings of Dreamings, travelling journeys and ceremonies tend to depict the locations where they occur. There have been cases in which 10-metre-long paintings have been presented to the Court, as evidence of the tribe's title deed after terra nullius was struck down during the tenure of Chief Justice Gerard Brennan.
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Exclusive economic zones of the UK, Ireland, Faroe Islands (Denmark), and Iceland around Rockall The UK claims Rockall along with a territorial sea around the islet inside the country's exclusive economic zone (EEZ). The UK also claims "a circle of UK sovereign airspace over the islet of Rockall". The UK claimed Rockall on 18 September 1955 when "Two Royal Marines and a civilian naturalist, led by Royal Navy officer Lieutenant Commander Desmond Scott, raised a Union flag on the islet and cemented a plaque into the rock". Prior to this Rockall was legally terra nullius.
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Oppression of Indigenous Australians is a prominent theme in modern Australian history. Despite encountering Indigenous Australians upon arrival, British forces invoked the principle of terra nullius to claim the continent. This was followed by a long period of recurrent massacres and violent conflicts. By the 20th century, the Australian Government adopted a policy of forcibly separating mixed race Indigenous children from their families, which remained in place until the 1970s. In 1987, the Royal Commission into Aboriginal Deaths in Custody was appointed to investigate 99 cases of Aboriginal deaths in custody during the 1980s.
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The archipelago was spotted in 1596, and soon companies from England, the Netherlands, Denmark–Norway and France were whaling and hunting. Both England and Denmark–Norway claimed the land, while the Dutch and France claimed the mare liberum principle, resulting in Svalbard becoming terra nullius—land without sovereignty. Work on establishing a public administration started in the 1870s, but did not progress until the 1900s, when the establishment of coal mining communities created a more urgent need. The Svalbard Treaty was signed following the Paris Peace Conference in 1920, and the governor and act came into effect in 1925.
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It regards 'the Taiwanese people' to be all who were born in Taiwan ('jus soli'). It considers Taiwan to be (almost) terra nullius, but acknowledges that several states have exercised sovereignty over Taiwan, seemingly in an attempt to counter any claim of sovereignty by arguments of jus sanguinis. Economically, the party believes that the government should protect the basic income of the farmers (peasants); that Taiwan's membership of the World Trade Organization is not an excuse to give up agriculture, allowing a flood of imported agricultural produce. It supports a constitutional basis for ecological principles, and that constitutional reform should be 'internationalized'.
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Egypt claims the more favorable original border of 1899 along the 22nd degree north of latitude and therefore claims both the Hala'ib Triangle and the Wadi Halfa Salient, but not the Bir Tawil area. Since Sudan claims the amended border of 1902, it claims the same areas as Egypt, while no country claims the Bir Tawil area, making it de facto a terra nullius. While there have been disputes about the Hala'ib Triangle and military occupation by Egypt, the small area of the Wadi Halfa Salient remained out of the headlines because most of the area is flooded by Lake Nasser.
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Selector's home in North Queensland, circa 1900 The process of land selection in Queensland in Australia began in 1860 and continued under a series of land acts in subsequent years. When Britain claimed possession of Australia, it did so on the basis of terra nullius (that the land belonged to nobody) and did not acknowledge that Indigenous people had any ownership over the land. All land in Australia became Crown land and was sold or leased by the Australian colonial governments according to the needs of the colonists. Land was considered the Queensland colony’s greatest asset.
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The United States argued that it held the island because it had received actual title by legitimate treaties from the original discoverer of the island, Spain. The United States argued that Spain acquired title to Palmas when Spain discovered the island and the island was terra nullius. Spain's title to the island, because it was a part of the Philippines, was then ceded to the United States under the Treaty of Paris (1898) after Spain's defeat in the Spanish–American War. The arbitrator noted that no new international law invalidated the legal transfer of territory via cession.
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55 "There is no recognizable trace that this uninhabited island was ever occupied by a foreign country... As evidenced through relevant records that a person by the name of Nakai Yozaburo () moved to said island in 1903 (Meiji 36) and practiced fishing there since, we recognise the fact that occupation has occurred in terms of international law." "明治三十八年一月二十八日閣議決定 ... 無人島ハ他國ニ於テ之ヲ占領シタリト認ムヘキ形迹ナク、... 依テ審査スルニ明治三十六年以來中井養三郞ナル者該島ニ移住シ漁業ニ從事セルコトハ關係書類ニ依リ明ナル所ナルハ國際法上占領ノ事實アルモノト認メ." From 1947 to 1954, the Japanese government's claim shifted from prior occupation of a terra nullius to effective occupation by "executing state intention to acquire territory". Not later than 1962, Japan again shifted its claim to "[the 1905] reconfirmation of title to an inherent/ancient territory", all based on Japan's changing interpretation of the same Cabinet decision document, all the while carefully avoiding its previous claim of incorporation on grounds of prior occupation of a terra nullius.
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The speech was delivered by Keating on 10 December 1992, just over a year into his term as Prime Minister of Australia, to a crowd of predominantly Indigenous people gathered at Redfern Park, in Redfern, Sydney. It was given to launch the International Year for the World's Indigenous People (1993). Keating's choice of location was significant; Redfern had been the centre of Aboriginal (or more specifically, Koori) culture and activism in Sydney for decades. The speech came only six months after the Australian High Court's historic Mabo decision, which had overturned the legal fiction of terra nullius, and recognised native title in Australia for the first time.
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On 13 April 2015, Vít Jedlička from the Czech Party of Free Citizens proclaimed the micronation Liberland on what he said is land left unclaimed by both Croatia and Serbia. The Croatian Ministry of Foreign and European Affairs has rejected these claims, stating that the differing border claims between Serbia and Croatia do not involve terra nullius, and are not subject to occupation by a third party. However, the Serbian Ministry of Foreign Affairs stated on 24 April 2015 that while Serbia does not consider "Liberland" to be an important matter, the "new state" does not impinge upon the Serbian border, which is delineated by the Danube River.
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The arbitrator ruled in favor of the Netherlands' position and stated that the Netherlands held the actual title to Palmas. In the first of the United States' two arguments, it claimed to hold the island because it had received the actual title through legitimate treaties from the original "discoverer" of the island, Spain. The United States argued that Spain acquired the title to Palmas when she discovered the island and that the island was terra nullius. Spain's title to the island, because it was part of the Philippines, was then ceded to the United States in the 1898 Treaty of Paris (1898) after Spain's defeat in the Spanish–American War.
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They are believed to have been the last uncontacted tribe in Australia.Colliding worlds: first contact in the western desert, 1932–1984 A 1987 federal government report described the history of the "Aboriginal Homelands Movement" or "Return to Country movement" as "a concerted attempt by Aboriginal people in the 'remote' areas of Australia to leave government settlements, reserves, missions and non-Aboriginal townships and to re-occupy their traditional country". In 1992, the Australian High Court handed down its decision in the Mabo Case, declaring the previous legal concept of terra nullius to be invalid. This decision legally recognised certain land claims of Indigenous Australians in Australia prior to British Settlement.
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The film combines traits of a "buddy film" with "Eastern" look and setting. Nancy Condee writes that the choice of film location likens the Russian Civil War to U.S. frontier history: "the clean slate, a terra nullius at the imperial periphery, an unlimited moral expanse where socialism could be inscribed". The Chekists, shown at the beginning of the movie merely as former brothers in arms and friends, by the end of the film become a well-oiled organism supporting state sovereignty and governability. Likewise, the landowner's carriage, destroyed at the beginning of the film, gives way to a sleek and modern limousine as a symbol of the new state.
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This derived from a legal doctrine known as "terra nullius" which purportedly imported all laws of England onto the land of Australia, despite any existing inhabitants. The High Court held that Indigenous customary laws relating to land would be recognised, excepting for in situations where that law had been extinguished by subsequent British laws inconsistent with customary law (such as subsequent grants of property rights such as fee simple upon the land). The court held that the crown possesses radical title over all land in the realm. However, it held that radical title alone would not extinguish property rights derived from Indigenous customary law.
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MOFA of Korea, Tokdo kwan'gye charyojip (Collection of Data on Tokdo) (I) Wangbok oegyio munso (Diplomatic Correspondence Exchanged); Chipmu charyo (Reference Material for Staff), (Seoul: MFA, 1997), pp. 234, 236, 250 via Kim, Myung-Ki, A Study of Legal Aspects of Japan's Claim to Tokdo, Korea Observer, Autumn 1997, p. 361, MOFA of Japan stated in a memorandum of July 3, 1962, "The Japanese government has made clear the position of its claim that Takeshima is Japan's inherent territory from olden times and is now reconfirming repeatedly that position." Korea also claims that Japan's 1905 claim to terra nullius conflicts with its previous recognition (i.e.
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Scotland or Great Britain, the Netherlands, and Denmark–Norway all claimed sovereignty over the archipelago of Svalbard in the seventeenth century, but none permanently occupied it. Expeditions from each of these polities visited Svalbard principally during the summer for whaling, with the first two sending a few wintering parties in the 1620s and 1630s. During the 19th century, both Norway and Russia made strong claims to the archipelago. In 1909, Italian jurist Camille Piccioni described Spitzbergen, as it was then known, as terra nullius: The territorial dispute was eventually resolved by the Svalbard Treaty of 9 February 1920 which recognized Norwegian sovereignty over the islands.
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The Philippines and the People's Republic of China both claim the Scarborough Shoal or Panatag Shoal or Huangyan Island (黄岩岛), nearest to the island of Luzon, located in the South China Sea. The Philippines claims it under the principles of terra nullius and EEZ (Exclusive Economic Zone). China's claim refers to its discovery in the 13th century by Chinese fishermen. (The former Nationalist government on the Chinese mainland had also claimed this territory after the founding of the Republic of China in 1911.) However, despite China's position of non-participation in an UNCLOS case, in 2016 the PCA denied the lawfulness of China's "Nine-Dash Line" claim.
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One of the few micronations to control a physical location, the Principality of Sealand has existed de facto since 1967 on an abandoned British anti-aircraft gun tower in the North Sea. At the point when it was taken over, the tower had been abandoned by the Royal Navy and was outside British territorial waters. Paddy Roy Bates, who styled himself Prince, claimed that it was terra nullius. Despite rejecting this claim on the basis that the tower is an artificial structure, the British government has never attempted to evict the Sealanders, and a court in 1968 confirmed that at that point, the tower was outside British jurisdiction.
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Simplified map showing Egypt's claim (yellow and green), Sudan's claim (blue and green), the Hala'ib Triangle (green) and Bir Tawil (the white area between Egypt and Sudan) Map of the Hala'ib Triangle and Bir Tawil from 1912. Bir Tawil (; , ) is a area along the border between Egypt and Sudan, which is uninhabited and claimed by neither country. When spoken of in association with the neighbouring Hala'ib Triangle, it is sometimes referred to as the Bir Tawil Triangle, despite the area's quadrilateral shape; the two "triangles" border at a quadripoint. Its terra nullius status results from a discrepancy between the straight political boundary between Egypt and Sudan established in 1899, and the irregular administrative boundary established in 1902.
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The last sentence of Batman's journal entry on this day became famous as the founding charter of the settlement. Upon returning to Van Diemen's Land, Batman's treaty was deemed invalid by the Governor of New South Wales, Sir Richard Bourke, under the Proclamation of Governor Bourke in August 1835. It was the belief of Governor Bourke, as well as the Governor of Van Diemen's Land, Sir George Arthur, that the Aboriginal people did not have any official claims to the lands of the Australian continent. The proclamation formally declared, under the doctrine of terra nullius, that The Crown owned the whole of the Australian continent and that only it alone could sell and distribute land.
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Taiwan (the Republic of China; ROC) also claims the islands. The territory is close to key shipping lanes and rich fishing grounds, and there may be oil reserves in the area."Q&A;: China-Japan islands row" BBC News 11 September 2012 Japan argues that it surveyed the islands in the late 19th century and found them to be terra nullius (Latin: land belonging to no one); subsequently, China acquiesced to Japanese sovereignty until the 1970s. The PRC and the ROC argue that documentary evidence prior to the First Sino- Japanese War indicates Chinese possession and that the territory is accordingly a Japanese seizure that should be returned as the rest of Imperial Japan's conquests were returned in 1945.
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The legacy of British Imperialism in BC is unusual in that neither conquest nor treaties were undertaken as settlement occurred under the doctrine of Terra Nullius. With few exceptions (the Douglas Treaties of Fort Rupert and southern Vancouver Island) no treaties were signed. Some early settlers assumed, based on the catastrophic population crash of First Nations peoples linked to smallpox, and racist ideas that 'Indians' were a dying race led to a lack of action to deal with what was then termed the 'Indian Land Question'. Upon Confederation the federal government assumed responsibility for Indians and lands reserved for Indians, while the province had responsibility for non-Aboriginal civil matters and resources.
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The island was discovered on 20 July 1898 by two Norwegian sealing captains, Johannes Nilsen and Ludvig Bernard Sebulonsen. The next day, captain P. W. Nilsen of the steam yacht Victoria, owned by the English adventurer Arnold Pike, sighted the island and named it after the yacht. Although Victoria Island is situated only less than off Kvitøya in the Svalbard archipelago, it lies east of the territories put under the sovereignty of Norway according to the Spitsbergen Treaty in 1920. Consequently, the island was considered Terra nullius, until a Soviet decree of 15 April 1926 that claimed a Soviet sector in the Arctic region that also included Franz Josef Land and Victoria Island.
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62 km) off the Norwegian island of Kvitøya (White Island), it lies east of the Norwegian territories. Consequently, the island was considered Terra nullius, until a Soviet decree in 1926 that claimed a Soviet sector in the Arctic region that also included Franz Josef Land and Victoria Island. After a failed attempt on Franz Josef Land and the landing of a Soviet expedition there in 1929, the Norwegian efforts were concentrated on securing Victoria Island for Norway. The ship M/S Bratvaag with its mixed crew of sealers and scientists headed for the Arctic Sea in the summer of 1930, with the purpose of claiming Victoria Island in the name of the ship's owner Harald M. Leite.
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The last sentence of Batman's journal entry on this day became famous as the founding charter of the settlement. Upon returning to Van Diemen's Land, Batman's treaty was deemed invalid by the Governor of New South Wales, Richard Bourke, under the Proclamation of Governor Bourke in August. It was the belief of Governor Bourke, as well as the Governor of Van Diemen's Land, George Arthur, that the Aboriginal people did not have any official claims to the lands of the Australian continent. The proclamation formally declared, under the doctrine of terra nullius, that The Crown owned the whole of the Australian continent and that only it alone could sell and distribute land.
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While traveling to Tibet before his marriage, Harden-Hickey noticed the tiny island of Trindade in the South Atlantic Ocean, which had never been claimed by any country and was, legally, terra nullius. In 1893, wanting an independent state where he could serve as its ruler, he claimed the island and proclaimed himself James I, the Prince of Trinidad. Stamp of the Principality of Trinidad, 5f, 1893 He designed postage stamps, a national flag and coat of arms, and established a chivalric order, the Cross of Trinidad. He bought a schooner to transport colonists, appointed M. Le Comte De la Boissiere as Secretary of State, and opened a consular office at 217 West 36th Street in New York City.
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The official objection to the Treaty was that Batman had attempted to negotiate directly with the Aboriginal people, whom the British did not recognise as having any claim to any lands in Australia. In 1971, in Milirrpum v Nabalco Pty Ltd (the "Gove land rights case") in the Supreme Court of the Northern Territory, Justice Richard Blackburn explicitly rejected the concept of native title, ruling against the claimants on a number of issues of law and fact, but rejecting the doctrine of Aboriginal title in favor of terra nullius, which held that land belonged to no one at the time of British settlement.Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141 (27 April 1971) Supreme Court (NT).
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In 1992, the High Court of Australia reversed Justice Blackburn's ruling and handed down its decision in the Mabo Case, declaring the previous legal concept of terra nullius to be invalid and confirming the existence of native title in Australia. Indigenous Australians began to serve in political office from the 1970s. In 1971, Neville Bonner joined the Australian Senate as a Senator for Queensland for the Liberal Party, becoming the first Indigenous Australian in the Federal Parliament. A year later, the Aboriginal Tent Embassy was established on the steps of Parliament House in Canberra. In 1976, Sir Douglas Nicholls was appointed as the 28th Governor of South Australia, the first Aboriginal person appointed to vice-regal office.
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In Dark Emu: Black seeds: agriculture or accident?, Pascoe examines the journals and diaries of early explorers such as Charles Sturt and Thomas Mitchell and early settlers in Australia, finding evidence in their accounts of existing agriculture, engineering and building, including stone houses, weirs, sluices and fish traps, and also game management. This evidence of occupation challenges the traditional views about pre-colonial Australia and "Terra Nullius". The book also gives a description from Sturt's journal of his 1844 encounter with hundreds of Aboriginal people who were living in an established village in what is now Queensland (then part of New South Wales), in which a welcoming party offered him "water, roast duck, cake and a hut to sleep in".
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The church and other buildings as depicted in La Ilustración Española y Americana in 1893. Archeological remains found in the island suggest the existence of an outpost intended for sheltering ships by the 1st century BC, a time when the North- African coastline thrived during the reign of Juba II. Along the other two islands of the archipelago (Isla del Rey and Isla del Congreso), it was occupied in 1848 by Spain, that alleged terra nullius, anticipating French intentions to do the same from Algeria. General Francisco Serrano took possession of the islands bringing two ships from Málaga. The works of conditioning of the island of Isabel II suffered a major setback after the passing of a strong storm in March 1849.
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Both of the islands were originally considered as terra nullius. But as Malaysia's predecessor, Great Britain, significantly developed the islands compared to Indonesia's predecessor, the Netherlands, especially after Malaysia's formation as a nation the court using this as the main reason decided to award the islands to Malaysia based on their "effective occupation". In addition, it is also acknowledged both of the islands were much closer to Malaysia than Indonesia as well with an earliest documentation from Malaysia over the British 1878 Agreement with the Sultanate of Sulu during which time they acquired the Sultanate area as part of the British Borneo, while the Indonesian claim is mostly based on an 1891 Boundary Treaty between Great Britain and the Netherlands.
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Singapore argued that Pedra Branca was terra nullius, and that there was no evidence the island had ever been under the sovereignty of the Johor Sultanate. In the event the Court did not accept this argument, Singapore contended that sovereignty over the island had passed to Singapore due to the consistent exercise of authority over the island by Singapore and its predecessor, the United Kingdom. The actions taken included selecting Pedra Branca as the site for Horsburgh Lighthouse and constructing the lighthouse, requiring Malaysian officials wishing to visit the island to obtain permits, installing a military rebroadcast station on the island, and studying the feasibility of reclaiming land around the island. Malaysia had remained silent in the face of these activities.
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In 2009, about 25.6 per cent of the estimated resident population of Australia comprised those born overseas. Indigenous peoples of Australia who had lived in Australia for at least 65,000+ years before the arrival of British settlers in 1788, were dispossessed from their land in 1788 by Britain, which claimed Eastern Australia as its own on the basis of the now discredited doctrine of terra nullius. Initially, Indigenous Australians were in most states deprived of the rights of full citizenship of the new nation on grounds of their race and restrictive immigration laws were introduced to preference white European immigrants to Australia. Discriminatory laws against Indigenous people and multiethnic immigration were dismantled in the early decades of the Post War period.
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In 1770 and again in 1788, Britain claimed Eastern Australia as its own on the basis of the now discredited doctrine of terra nullius. The implication of the doctrine became evident when John Batman purported to make Batman's Treaty in 1835 with the Wurundjeri Elders of the area around the future Melbourne. Governor Bourke of New South Wales proclaimed the Treaty null and void and that indigenous Australians could not sell or assign land, nor could an individual person or group acquire it, other than through distribution by the Crown. Though the so- called Treaty was objectionable on many grounds, it was the first, and until the 1990s, the only time that an attempt was made to deal directly with the Indigenous peoples.
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Raising of the Norwegian flag at Myggbukta, Eirik Raudes Land. In 1919, Denmark claimed the whole of Greenland as its territory, with Norway's acquiescence (see Ihlen Declaration). However, in 1921, Denmark proposed to exclude all foreigners from Greenland, creating diplomatic conflict until July 1924, when Denmark agreed that Norwegians could establish hunting and scientific settlements north of 60°27' N. In June 1931, Hallvard Devold, one of the founders of the Norwegian Arctic Trading Co., raised the Norwegian flag at Myggbukta and on 10 July 1931, a Norwegian royal proclamation was issued, claiming Eastern Greenland as Norwegian territory. Norway claimed that the area was terra nullius: it had no permanent inhabitants and was for the most part used by Norwegian trappers and fishermen.
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1880s impression of the Treaty being signed In May 1835 an historic meeting took place between John Batman and prominent members of the Wurundjeri-willam and other clans. Billibellary and the other clan elders signed a document, which came to be called Batman's Treaty, the only treaty ever struck between the European settlers and the indigenous people of Australia. These unique negotiations took place, wrote Batman, by the banks of a "lovely stream of water" which twentieth century historians suspect to be the Merri Creek. This treaty was declared invalid by Sir Richard Bourke, the Governor of N.S.W., who was unwilling to recognize and allow the aborigines the right to use and control their own land as they saw fit, thus implementing the doctrine of terra nullius.
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Josip Lučić and Franjo Šanjek's 1993 Hrvatski povijesni zemljovid (Croatian historical map) provided an extended depiction of Tomislav's kingdom. Lučić was a known historical geographer from the Faculty of Philosophy in Zagreb who authored numerous maps in Croatian history books. Ivo Goldstein in turn argued in his 1995 book Hrvatski rani srednji vijek that Tomislav made no crucial expansion deeper into inner Bosnia and that he incorporated only parts of Pannonia to the Kingdom of Croatia, not the whole area between Drava and Sava, which was according to him Terra nullius. Neven Budak is in full agreement with Goldstein regarding the status of the Drava-Sava area, arguing that the northern Croatian border most likely passed through the wider Sisak area.
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This group was organised into the Torres Strait Light Infantry Battalion. The migration of Islanders to mainland Australia increased as jobs disappeared in the pearling industry. A call for independence from Australia in the 1980s was due to the government failing to provide basic infrastructure on the island. Murray Island's most famous resident was trade unionist Eddie Mabo, whose decision to sue the Queensland Government to secure ownership of his land, which had been removed from his ancestors by the British colonial powers using the terra nullius legal concept, ultimately led to the High Court of Australia, on appeal from the Supreme Court of the State of Queensland, issue the "Mabo decision" to finally recognise Mabo's native title rights on his land on 3 June 1992.
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Counterpart successor states to our world's United States include a (truncated) United States; the Confederate States of America; the Republic of Texas; the Republic of California; a Communist Manhattan Island commune (with Karl Marx as a leading light); British North America (analogous to Canada, albeit slightly larger in this world); Russian America (Alaska); and terra nullius. Napoleon III's French Empire holds an entente with the British, and Napoleon is even married to a British woman. In the world of The Difference Engine, France occupies Mexico, as it did briefly in reality during the American Civil War. Like Great Britain, it has its own analytical/difference engines (ordinateurs), especially used in the context of domestic surveillance within its police force and intelligence agencies.
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Sociologist Robert Van Krieken wrote: On one side of the debate are historians such as Alan Frost and Henry Reynolds who claim that in the 15th and 16th century, European writers adopted the res nullius concept for territorial conquest. Frost writes: Historians debate whether "first discovery and effective occupation" was applied to territory inhabited by indigenous people that European empires sought to acquire or not. According to Frost: On the other side of the debate are historians which claim that terra nullius is a much younger concept, which did not become formalized before the end of the 19th century. Historian Merete Borch writes: These historians claim instead that territorial conquest was justified from natural law -- that which has no owner can be taken by the first taker.
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The elaborate fiction about poor Doe left homeless by Roe has been abolished by statute or by reforms in civil procedure in every common law jurisdiction. The business about Doe and Roe being the guardians of undisclosed parties who wish to bring suit, or the names of parties unknown, remains in some jurisdictions (although not in England). The doctrine of survival, although still existing in England, has been abolished in many U.S. states by the Uniform Simultaneous Death Act. Also, legal fictions have been invalidated as being contrary to public policy, as, for example, in the High Court of Australia's rejection in the Mabo cases of the doctrine of terra nullius, the legal fiction that there were no property rights in land in Australia before the time of European colonization.
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At the time of the claim, Norway did not validate the sector method of demarcating polar territory. This was in line with Norwegian claims in the Arctic and hence to avoid compromising Norway's position with regard to the former Soviet Union (present-day Russia). In the 2015 Meld. St. No. 32 (2014-2015) 'Norske interesser og politikk i Antarktis' (White Paper No. 32 on Norwegian Interests and Policy in the Antarctica), the Foreign Ministry confirmed that while Norway rejected the sector method of delimiting claims it was not intended create a difference in interpretation of the Norwegian claim in Antarctica. White Paper No. 19 (1939) had stated that the purpose of the annexation was to annex 'land which is currently terra nullius and that only Norwegians have researched and mapped'.
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Subsequently, there were struggles between squatters and selectors, and the laws were circumvented by corruption and the acquisition of land by various schemes, such as the commissioning of selections to be passed eventually to squatters and the selection of key land such as land with access to water by squatters to maintain the viability of their pastoral leases. The Land Acts accelerated the alienation of crown land that had been acquired under the principle of terra nullius, and hence accelerated the dispossession of indigenous Australians. The Land Acts paralleled the demands for similar legislation amending the United States Preemption Act of 1841, culminating in the Homestead Act of 1862, and was succeeded by similar legislation in other Australian colonies in the 1860s and Canada's Dominion Lands Act of 1872.
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A government policy of "assimilation" beginning with the Aboriginal Protection Act 1869 resulted in the removal of many Aboriginal children from their families and communities—referred to as the Stolen Generations—a practice which also contributed to the decline in the indigenous population. As a result of the 1967 referendum, the Federal government's power to enact special laws with respect to a particular race was extended to enable the making of laws with respect to Aboriginals. Traditional ownership of land ("native title") was not recognised in law until 1992, when the High Court of Australia held in Mabo v Queensland (No 2) that the legal doctrine that Australia had been terra nullius ("land belonging to no one") did not apply to Australia at the time of British settlement.
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In 1971 Justice Richard Blackburn held that the ordinances and mining leases were valid and that the Yolgnu people were not able to establish their native title at common law. Justice Blackburn used the notion of terra nullius to justify this ruling, stating that the "doctrine of communal native title does not form and never has formed, part of the law of any part of Australia". For an account of these developments, see Anne M Fitzgerald "Mining Agreements: Negotiated Outcomes in the Australian Minerals Sector" 2002, at pp 207-212 The Milirrpum decision had wide-ranging impacts on relations between Aboriginal people and the mining industry generally throughout Australia. R Howitt, J Connel and P Hirsh (eds), "Resources, Nations and Indigenous Peoples", Oxford University Press, Melbourne, 1996 at pp 17-18.
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In the resulting historic and controversial Gove land rights case, Justice Blackburn ruled that Australia had been terra nullius before European settlement, and that no concept of Native title existed in Australian law. Although the Yolngu people were defeated in this action, the effect was to highlight the absurdity of the law, which led first to the Woodward Commission, and then to the Aboriginal Land Rights Act. In 1972, the Aboriginal Tent Embassy was established on the steps of Parliament House in Canberra, in response to the sentiment among Indigenous Australians that they were "strangers in their own country". A Tent Embassy still exists on the same site. In 1975, the Whitlam government drafted the Aboriginal Land Rights Act, which aimed to restore traditional lands to Indigenous people.
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This was in line with Norwegian claims in the Arctic and hence to avoid compromising Norway's position with regard to the former Soviet Union and present-day Russia. In the 2015 White Paper No. 32 (2014–2015) "Norwegian Interests and Policy in Antarctica" the Foreign Ministry confirmed that while Norway rejected the sector method of delimiting claims it was not intended create a difference in interpreation of the Norwegian claim in the Antarctica; White Paper No. 19 (1939) had stated that the purpose of the annexation was to annex "land which is currently terra nullius and that only Norwegians have researched and mapped". The sea that extends off the coast between the longitudal limits of Queen Maud Land is generally called King Haakon VII Sea.Stonehouse, pp. 155–156.
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Castan played a leading role in some of Australia's more important cases, such as the Gove land rights case, Koowarta v Bjelke-Petersen and the Franklin Dam case. One of his most celebrated roles was that of senior counsel in the Mabo case, which abolished the doctrine of terra nullius and recognized Aboriginal land rights in Australian law for the first time. Castan spent 10 years preparing and arguing the case on behalf of Eddie Mabo, for which he received widespread acclaim.Liberty Online - The Victorian Council for Civil Liberties - November 1999 In 1985 Castan, along with Uncle Jim Berg, and Ron Merkel, sued the University of Melbourne and the Museum of Victoria for the return of their collections of Indigenous cultural material and through this act created the Koorie Heritage Trust.
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Unlike the rest of Australia, South Australia was not considered to be terra nullius. The enactment of the South Australia Act 1834 which enabled the province of South Australia to be established, acknowledged Aboriginal ownership and stated that no actions could be undertaken that would affect the rights of any Aboriginal natives of the said province to the actual occupation and enjoyment in their own persons or in the persons of their descendants of any land therein now actually occupied or enjoyed by such natives. Although the Act guaranteed land rights under force of law for the Indigenous inhabitants, it was ignored by the South Australian Company authorities and squatters, who interpreted the Act to mean "permanently occupied". In 2000, a group called Kaurna Yerta Corporation lodged a native title claim on behalf of the Kaurna people.
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On 21 May Hobson issued two proclamations of British sovereignty over New Zealand, one for the North Island by Treaty, and the other for the South Island by discovery (the South Island was declared "Terra nullius" or devoid of people.) A further declaration on 23 May decried the "illegal assumption of authority" by the New Zealand Company settlements in Port Nicholson (Wellington and Britannia, later Petone) establishing their own 12-member governing council. Hobson sought to prevent the establishment of what he saw as a 'republic', that is, an independent state outside of his jurisdiction. In August 1840, the Parliament of the United Kingdom passed the New Zealand Government Act of 1840, allowing the establishment of a colonial administration in New Zealand separated from New South Wales. Following this enactment, the Royal Charter of 1840 was declared.
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In Western Canada, where the American-influenced Dominion Land Survey was used, geographical features were largely ignored in favour of geometric standardization, with larger lots. In Canadian law all lands are subject to the Crown, and this has been true since Britain acquired much of Eastern Canada from France by the Treaty of Paris (1763). However, the British and Canadian authorities recognized that indigenous peoples already on the lands had a prior claim, aboriginal title, which was not extinguished by the arrival of the Europeans. This is in direct contrast to the situation in Australia where the continent was declared terra nullius, or vacant land, and was seized from Aboriginal peoples without compensation. In consequence, all of Canada, save a section of southern Quebec exempted by the Royal Proclamation of 1763, is subject to Aboriginal title.
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When Anglo-European settlers first arrived in 1836 at Holdfast Bay (now Glenelg), the land was considered in the South Australia Act 1834 passed by the British Parliament and by Governor Hindmarsh as Commander in chief in his Proclamation of 1836, to be a barren wasteland. In contrast to the rest of Australia, terra nullius did not apply to the new province. The Letters Patent establishing the Province of South Australia attached to the Act acknowledged prior Aboriginal ownership, and stated that no actions could be undertaken that would "affect the rights of any Aboriginal natives of the said province to the actual occupation and enjoyment in their own persons or in the persons of their descendants of any land therein now actually occupied or enjoyed by such natives". Nonetheless, under the Act, the Indigenous inhabitants were assumed to have become British subjects.
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Port Jackson The European settlement of Australia began on 26 January 1788 at Port Jackson (modern Sydney, New South Wales), when the First Fleet arrived with more than 1,000 convicts, marines and a few free settlers, plus a vast quantity of stores to establish a penal colony in New South Wales. The United Kingdom claimed all of eastern Australian as its territory on the basis of terra nullius, though the actual landing and consequent settlement was initially confined to the Port Jackson area. According to the first census of 1788, as reported by Governor Phillip to Lord Sydney, the Home Secretary, the white population in the colony was 1,030, of which 753 were convicts and their children; the colony also had 7 horses, 2903 sheep, 749 swine, 6 rabbits, and 754 cattle. The Indigenous population was not counted or estimated, nor reported at that point.
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Yolngu lost the case because Australian courts were still bound to follow the terra nullius principle, which did not allow for the recognition of any prior rights to land to Indigenous people at the time of colonisation. However, the Judge did acknowledge the claimants' ritual and economic use of the land and that they had an established system of law, paving the way for future Aboriginal Land Rights in Australia. It was said to have played a vital part in paving the way to the recognition of Aboriginal land rights in the Aboriginal Land Rights Act 1976 and the Mabo decision in 1992. The song "Treaty", by Yothu Yindi, which became an international hit in 1989, arose as a remonstration over the tardiness of the Hawke government in enacting promises to deal with Aboriginal land rights, and made a powerful pleas for respect for Yolngu culture, territory and Law.
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For the colonists this could happen because Australia was considered terra nullius, vacant land freely available for occupation and exploitation. The encouragement of private enterprise, the reception of Wakefieldian ideas, and the wholesale spread of white settlement were all part of a profound transformation in official and private perceptions of Australia's prospects and economic value as a British colony. Millennia of fire-stick management to assist hunter-gathering had created inland grasslands in the southeast that were ideally suited to the production of fine wool. Both the physical environment and the official incentives just described raised expectations of considerable profits to be made in pastoral enterprise and attracted a growing stream of British capital in the form of organizations like the Australian Agricultural Company (1824), which was granted the right to select 1,000,000 acres (4,047 km2) in New South Wales for agricultural development; and new corporate settlements were established in Western Australia (1829) and South Australia (1836).
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In 1981 a land rights conference was held at James Cook University, where Eddie Mabo, a Torres Strait Islander, made a speech to the audience in which he explained the land inheritance system on Murray Island. The significance of this in terms of Australian common law doctrine was taken note of by one of the attendees, a lawyer, who suggested there should be a test case to claim land rights through the court system. Ten years later, five months after Eddie Mabo died, on 3 June 1992, the High Court announced its historic decision, namely overturning the legal doctrine of terra nullius, which was the term applied by the British relating to the continent of Australia - "empty land". Public interest in the Mabo case had the side effect of throwing the media spotlight on all issues related to Aboriginal people and Torres Strait Islanders in Australia, and most notably the Stolen Generations.
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The South Australia Act 1834 described the land as "waste" and "uninhabited", but unlike other colonies in Australia, the British settlement of South Australia did not assume the principle of terra nullius (Latin for nobody's land) when the colonists originally arrived. The Letters Patent establishing the Province of South Australia issued in February 1836 "Provided always that nothing in those our Letters Patent contained shall affect or be construed to affect the rights of any Aboriginal Natives of the said Province to the actual occupation or enjoyment in their own Persons or in the persons of their descendants of any lands there in now actually occupied or enjoyed by such Natives". The Proclamation of South Australia read out on Proclamation Day, the 28th of December 1836, at the founding of the permanent settlement that became Adelaide, granted Aboriginal people and British settlers equal protection and rights as British Subjects under the law.
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Consequently, the Picton, Nueva and Lennox islands became Terra Nullius, because the treaty of 1881 at this zone does not mention other islands than "south of the Beagle channel". The toponymy was disclosed to the United Kingdom and to the United States of America (the United States Hydrographic Office used the Argentine name, Moat Channel in South America Pilot (1916) in p. 246). Chile, the immediate neighbour was not informed and was advised of the new names only 1904 through new charts of the zone edited by the US. Segundo R. Storni, then Leutnant later (1943) Foreign Ministers of Argentina legitimated the modifications: : The word "Bay" hasn't a precise signification and the configuration of the region inclines the meaning to a channel, so it is a logical modification. But we recognize that it wasn't absolutely necessary.."Los derechos de Chile en el Beagle" by Rafael Santibañez Escobar, Editorial Andrés Bello, 1969, Santiago de Chile, here, p.
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In his place, they recruited local drummer George Hernandez and recorded an album, mixed by noted bassist/producer John Avila of Oingo Boingo fame, for L.A.-based indie label Criterion Records. Released in 2002, M contained three songs co-written with Lombardo in addition to newer material. Disbanding Kkleq Muzzil shortly thereafter, Nestler formed punk rock influenced power trio Super Rider with bassist Eddie Solis and original Civil Defiance drummer Gabe Trevizo. The band played shows in the L.A. area and issued a sole album, Everything So Right, again mixed by John Avila, in 2003. Nestler would re-team with Lombardo on DJ Spooky's 2005 album Drums of Death, sharing guitar duties alongside Living Colour's Vernon Reid and playing on the songs "Tool Element", "Kultur Krieg", and "Terra Nullius (Cyborg Rebellion on Colony Planet Zyklon 15)." That same year, Nestler, Trevizo and former Civil Defiance bassist Brian Terry would also issue a 5-song EP, The Seasons Best, via bandspace.
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The Group of Seven has received criticism for its reinforcement of terra nullius presenting the region as pristine and untouched by humans when in fact the areas depicted have been lived in for many centuries. This sentiment was expressed by Jackson, who in his 1958 autobiography wrote, In 1966, the Legislative Assembly of Ontario incorporated the McMichael Canadian Art Collection, an art gallery with an institutional focus on the Group of Seven, along with "their contemporaries and on the aboriginal peoples of Canada". In addition to housing a collection of works by the Group of Seven, the museum property also contains the burial ground for six members of the group, including A.Y. Jackson,A.Y. Jackson , McMichael Canadian Art Collection Arthur Lismer,Arthur Lismer , McMichael Canadian Art Collection Frederick Varley,Frederick Varley , McMichael Canadian Art Collection Lawren Harris,Lawren Harris , McMichael Canadian Art Collection Frank Johnston,Frank Johnston , McMichael Canadian Art Collection and A.J. Casson;A.
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The Liancourt Rocks, known as Takeshima in Japanese and Dokdo or Tokto in Korean, are a group of two small islets and rocks in the Sea of Japan. The islands were first incorporated by the Empire of Japan in 1905 during the Russo-Japanese War, claiming that the land was terra nullius; Japanese victory in the war resulted in the Japan–Korea Treaty of 1905, making the Korean Empire a protectorate of Japan, and ultimately the annexation of Korea five years later with the Japan–Korea Treaty of 1910. After the end of World War II and the Treaty of San Francisco in 1951, Japan was forced to renounce its claim to Korea, though the Liancourt Rocks were not specifically mentioned in the final draft, and in 1952 South Korea began to develop the islets after claiming them as part of a 60-kilometer exclusive economic zone in the waters around the country. Japan has protested the South Korean presence on the Liancourt Rocks, claiming that they were not included in the territory that Japan surrendered in the Treaty of San Francisco.
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Following the landmark High Court Mabo ruling handed down in 1992, which repudiated the prevailing doctrine that Australia had been a terra nullius, and recognized the common law validity of the concept of native title, the Karajarri moved to gather evidence for an application to secure legal acknowledgement and endorsement of their claim to the traditional Karajarri lands. At the same time Western Agricultural Industries (WAI), a private development company, was eyeing the Karajarri lands for the potential their abundant waters offered for establishing a vast irrigation scheme for cotton production, though subsidiary cultivations of sugar cane, leucaena, exotic hardwoods, hemp, viticulture and freshwater aquafarming were also envisaged. The earlier Camballin Irrigation Scheme, implementing similar aims, turned the region immediately to the north of the Karajarri lands into a dustbowl, the toxic wash out of chemical fertilisers leading to drastic losses of local fish-eating species like pelicans and ibis, and the disappearance of kangaroos. The principle of earlier law remains in place: the waters themselves are commonwealth property, and the indigenous peoples have only the right of usufruct.
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Draft of the Order-in-Council Establishing Government 23 February 1836 (UK), National Archives of Australia The only pre-21st century attempt to negotiate a treaty with Indigenous Australians was what came to be known as Batman's Treaty. This was an agreement between John Batman, a pastoralist, businessman and coloniser, and a group of Wurundjeri elders, for the purchase of land around Port Phillip, near the present site of MelbourneRichard Broome, pp10-14, Aboriginal Victorians: A History Since 1800, Allen & Unwin, 2005, , The so-called treaty was implicitly declared void on 26 August 1835 by the Governor of New South Wales, Richard Bourke, in order to preserve the concept of terra nullius: the idea that Australian land belonged to no-one before British colonisation. An Indigenous treaty was first promised by Prime Minister Bob Hawke in 1988 after receiving the Barunga Statement from Aboriginal elders, which called for such a treaty to be concluded. Despite public interest and growing support, concerns were raised over possible implications of such a treaty, such as financial compensation.
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On 14 January 1895, during the First Sino-Japanese War, Japan incorporated the islands under the administration of Okinawa, stating that it had conducted surveys since 1884 and that the islands were terra nullius, with there being no evidence to suggest that they had been under the Qing empire's control. After China lost the war, both countries signed the Treaty of Shimonoseki in April 1895 that stipulated, among other things, that China would cede to Japan "the island of Formosa together with all islands appertaining or belonging to said island of Formosa (Taiwan)",[Article II{b}], Treaty of Shimonoseki but yet the treaty does not clearly define the geographical limits of the island of Formosa and the islands appertaining or belonging to Formosa ceded to Japan. The treaty was superseded in 1945 by the Treaty of San Francisco, which was signed between Japan and part of the Allied Powers in 1951 after Japan lost the Second World War. In the treaty of San Francisco, Japan explicitly relinquished the control of Taiwan/Formosa together with all islands appertaining or belonging to it.
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Both the Vandemonians and the British Government tried to have learned lesson from the frontier war in Van Diemens Land to prevent conflict around Port Phillip, consequently the need for a Protector of Aborigines with the most common form of warfare practiced by the Aborigines in Port Phillip being raids on sheep. In order to achieve their aims, Batman had signed a treaty, or made an agreement, to purchase land from the local Aborigines. He hoped to be able to persuade the British government to hold the ‘treaty’ valid so that he and his partners could proceed with their pastoral activities. However in October 1835: the Proclamation of Governor Bourke that Australia was 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, and that all people found occupying land without the authority of the government would be considered illegal trespassers, and that Aboriginal people therefore could not sell or assign the land, nor could an individual person acquire it, other than through distribution by the Crown.
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Singapore argued that in 1847 Pedra Branca was terra nullius (Latin for "land belonging to no one") as it had never been the subject of a prior claim or manifestation of sovereignty by any sovereign entity. It denied Malaysia's claim that the island had been under Johor's sovereignty.Pedra Branca case, para. 40. It contended there was no evidence that the Johor Sultanate had claimed or exercised authority over Pedra Branca between 1512 and 1641. This period began with the fall of the Malacca Sultanate to the Portuguese in 1512, who continued to harass the Johor Sultanate during this time, as did the Aceh Sultanate. Similarly, there was no evidence of Johor's sovereignty over Pedra Branca between 1641 and 1699, when Johor's power and influence were at their height; between 1699 and 1784 when the death of Sultan Mahmud Shah II in 1699 without a clear heir led to instability, during which many vassals broke away from the Sultanate; and between 1784 and 1824 when, according to a 1949 annual report of the Johor government, the Sultanate was in a "state of dissolution" by the beginning of the 19th century.
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