Rethinking the origins of terra nullius

@article{Borch2001RethinkingTO,
  title={Rethinking the origins of terra nullius},
  author={Merete Falck Borch},
  journal={Australian Historical Studies},
  year={2001},
  volume={32},
  pages={222 - 239}
}
  • M. Borch
  • Published 1 October 2001
  • History
  • Australian Historical Studies
This article questions the accepted view of how and when land inhabited by indigenous peoples came to be regarded as uninhabited or ownerless for legal purposes. It suggests that until the nineteenth century the predominant view was that such land was acquired through conquest or cession. This early legal interpretation was supported by government policy which recognised indigenous title to the land. The incorporation of the idea of terra nullius into British law in the nineteenth century seems… 
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54 Citations
Background Citations
7
Methods Citations
1

54 Citations

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References

SHOWING 1-10 OF 38 REFERENCES
Common law aboriginal title
Possession and title to land in English law - the old real actions, the action of ejectment, abandonment of possession the Crown's title to lands in England - the origin and effect of the Doctrine of…
Aboriginal Property and Western Theory: Recovering a Middle Ground
  • J. Tully
  • Political Science, Law
    Social Philosophy and Policy
  • 1994
During the last forty years, the Aboriginal peoples of the Americas, of the British Commonwealth, and of other countries colonized by Europeans over the last five hundred years have demanded that…
The Province of Jurisprudence Determined
A work that has had a profound influence on the study of English and American law, "The Province of Jurisprudence Determined" is a model of rigorous and clear analysis. With its publication Austin…
Aborigines and Academic Historians: Some Recent Encounters
For their Own Good: Aborigines and Government in the Southwest of Western Australia, 1900–1940. By Anna Haebich. University of Western Australian Press, Nedlands 1988. Pp. xviii & 413. 517.50 paper.…
Appeals to the Privy Council From the American Plantations
ingenuity to find means of evading (avoiding is the politer word) Parliamentary intention '. There is a valuable discussion on the binding force of precedent, and the meaning of the phrase ' every…
Documents relating to the constitutional history of Canada 1819-1828
D'ocuments illustrative of the History of the Slave Trade to America. Edited by ELZZ^BETa DONN^N. Vol. I: 1441-1700. Vol. II: The Eighteenth Uentury. Vol. III: New England and the Middle Colonies.…
Mabo, International Law, Terra Nullius and the stories of settlement: An unresolved jurisprudence. by Gerry Simpson
tag=1 data=Mabo, International Law, Terra Nullius and the stories of settlement: An unresolved jurisprudence. by Gerry Simpson tag=2 data=Simpson, Gerry tag=3 data=Melbourne University of Law…
Documents relating to the Constitutional History of Canada, 1759–1791 ed. by Adam Shortt and Arthur G. Doughty (review)
Documents relating to the Constitutional History of Canada, 1759-1791. Selected and edited by ADA• SHORTT and ARTHUS G. DOUGHTY. Second and Revised Edition by the Historical Documents Publication…
The idea of race in science
Historical records of Australia
...
...