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	Terra nullius - Wikipedia, the free encyclopedia
		Terra nullius is a Latin expression deriving from Roman Law meaning "empty land" or "no man's land".
		In this story, the application of terra nullius to Australia was inconsistent with the practice elsewhere in the British Empire.
		Terra nullius was still relevant to international law in the 1970s, as evidenced by the UN General Assembly's request to the International Court of Justice in 1974 to determine the status of the Western Sahara (Río de Oro and Saguia el-Hamra) at the time of colonization by Spain.
	en.wikipedia.org /wiki/Terra_nullius (1355 words)

	Terra Nullius and Australian Colonialism (Site not responding. Last check: 2007-10-21)
		Adherence to the myth of terra nullius, however, meant that white Australians were fighting against opponents who didn’t exist, who didn’t have to be pushed of the land that was never theirs to begin with.
		It followed, then, that terra nullius was a reasonable policy, meant to foster the property rights of the ‘deserving’ while denying property in any form to those outside the dominant, white society.
		On the whole, acceptance of terra nullius profoundly affected the white approach to indigenous issues: "Aborigines, as it were, did not exist before the invasion and those who survived were owed no rights except those of legal childern who would ultimately inherit no more than the rights of other Australians" (McGrath 288-9).
	users.ox.ac.uk /~chri2057/z2001terranullius.htm (1844 words)

	Reference.com/Encyclopedia/Terra nullius
		In this regard, the application of terra nullius to Australia was inconsistent with the practice elsewhere in the British Empire.
		Until the 1970s, the doctrine of terra nullius was generally accepted in Australia on the grounds that the continent had been "settled", a classification which gives no legal consideration to indigenous customs.
		Terra nullius was still relevant to international law in the 1970s, as evidenced by the UN General Assembly's request to the International Court of Justice in 1974 to determine the status of the Western Sahara (Rio de Oro and Saguia el-Hamra) at the time of colonization by Spain.
	www.reference.com /browse/wiki/Terra_nullius (1044 words)

	b o r d e r l a n d s e-journal
		Terra nullius and its violence made Nungas and our laws invisible, while our ruwi become (I use this tense because it is, as I know it, a continuum) enslaved, commodified and entrenched in their rules of property.
		Terra nullius was seen as a racist doctrine, and relic of a colonial ‘past’.
		When terra nullius was identified as the muldarbi, there was support for change and pulling Nungas from the belly of genocide.
	www.borderlandsejournal.adelaide.edu.au /vol1no2_2002/watson_laws.html (5448 words)

	Bain Attwood and Terra Nullius » Sunday Profile
		On the one hand, we might say that terra nullius is a legal doctrine; on the other side hand we might say that it's a political concept, and yet again we might say that it's a metaphor.
		Terra nullius though is a concept in international law, it's not a concept in the British Common Law.
		Terra nullius was not part of the case that Eddie Mabo and the Murray Islanders put.
	www.abc.net.au /sundayprofile/stories/s1160553.htm (3238 words)

	The Samuel Griffith Society: Volume 16: Chapter Four
		We all became infatuated with terra nullius, to the exclusion of all other explanations for the founding of the first Colony---and it became so elastic that it was used by Mabo Justices to explain the later acquisition of the Murray Islands by the Colony of Queensland.
		Terra nullius seduces the legalistic modern mind, which can't believe that a great swathe of territory could be possessed without a sheltering legal theory.
		Terra nullius destroys an utterly unique memory in the history of the world by pretending that one party was completely, utterly, oblivious to the other.
	www.samuelgriffith.org.au /papers/html/volume16/v16chap4.html (4897 words)

	HREOC Website: Speeches
		Terra nullius is out of step with modern international law, particularly in relation to the human rights of equality and self-determination.
		The promise of native title was that terra nullius would be replaced, not by another value judgment by non-Indigenous society about Indigenous society, but rather by a recognition of and protection for the system of laws and customs that give Indigenous people their status as a sovereign people.
		Terra nullius was a particularly brutal method of achieving this end of relegating the rights of Indigenous people to the internal laws of the coloniser.
	www.hreoc.gov.au /speeches/social_justice/treaty.html (3328 words)

	Terra nullius and the ‘history wars’ - On Line Opinion - 10/2/2006
		Terra nullius was not tested because its legality was not in doubt: this is one proof of its existence, not the contrary.
		One characteristic of terra nullius (whether it had been codified and discussed in legal terms or not) that The Invention of Terra Nullius ignores is that in its operative logic and by definition terra nullius covers its tracks.
		Terra nullius and native title are so dialectically intertwined that they conceptually need each other: while terra nullius identifies native title so that it can be denied, native title establishes terra nullius so that it can be discontinued.
	www.onlineopinion.com.au /view.asp?article=4141 (1277 words)

	Covenanting - Decolonising the colonisers (Site not responding. Last check: 2007-10-21)
		Terra nullius is an infection and both the Indigenous and non-indigenous need to be healed of this sociological disease.
		Terra nullius is present in the law's understanding of the land.
		Terra nullius is there in our 'disremembering', in our one-colour view of history which has only been revealed in recent times by historians like Henry Reynolds.
	www.covenanting.unitinged.org.au /index.cgi?tid=22 (3090 words)

	Radio National - Counterpoint 16/08/2004
		Res nullius is a term that has not been at all obscure, and has actually been a very central term in the law of nations; as international law before the nineteenth century.
		They said terra nullius, for the purposes of the law and what they were referring to in history, were these kinds of claims.
		Terra nullius is derived from res nullius and res nullius is a term in natural law.
	www.abc.net.au /rn/talks/counterpoint/stories/s1172945.htm (3647 words)

	A history of terra nullius - History - The University of Sydney
		Most recently, it has been observed that the term terra nullius was not used to justify colonisation in the nineteenth century, but little effort has been made to identify when terra nullius was first used.
		This project excavates the history of the concept of terra nullius and of associated terms, including res nullius, in the history of European colonisation from the sixteenth to the twentieth centuries.
		Contrary to popular representation, the idea of res nullius, and to some degree that of terra nullius, was not used to justify the dispossession of indigenous peoples.
	www.arts.usyd.edu.au /departs/history/research/projects/fitzmaurice_terra.shtml (251 words)

	Terra Nullius (Site not responding. Last check: 2007-10-21)
		Terra Nullius is a twenty-minute film of the life of a young Koori girl, Alice (Olivia Pratten).
		Terra Nullius deals with the trauma associated with what has come to be known as the stolen generation.
		In this sense, the language of Terra Nullius (a language that is struggling to be spoken, or is perhaps even truly unspeakable) is comparable to the genre of exploitation: a domain of popular culture in which the unspeakable, the textually deficient, the aberrant and taboo make up the psychic continuity of everyday life.
	wwwmcc.murdoch.edu.au /ReadingRoom/film/laseur/TerNul.html (2161 words)

	Stuart Banner \| Why Terra Nullius? Anthropology and Property Law in Early Australia \| Law and History Review, 23.1 \| ...
		Terra nullius was virtually uncontested in the early years of colonization, and the Aborigines had no legal standing to contest it, so there was no occasion for any declaration that it was part of the law.
		Terra nullius rested on some empirical assertions about Aboriginal life—that the Aborigines were few in number, that they roamed throughout the land without a sense of boundaries, that they claimed no particular territories as their own.
		Terra nullius was "sophistry of law," declared the scientist P. de Strzelecki, after four years of exploring Australia and discovering that the Aborigines were "as strongly attached to...
	www.historycooperative.org /journals/lhr/23.1/banner.html (12051 words)

	The Forum
		Terra nullius was not just an absence of the recognition of Aboriginal connections to land and the prevailing and deafening white silence that accompanies it.
		Terra Nullius is not just a land law doctrine but also a means by which historical disremembering on a national scale was enable.
		Cognitus nullius was not seen because its existence was not in doubt: this is one proof of its existence, not the contrary.
	forum.onlineopinion.com.au /thread.asp?article=4141 (8904 words)

	Quadrant Magazine
		THE WORDS terra nullius were probably never spoken on the Endeavour by Captain Cook in 1770, nor written by the quill pen of Governor Arthur Phillip in 1788, nor heard anywhere in Botany Bay during the eighteenth century.
		In an article titled "Error Nullius", in the Bulletin, August 26, 2003, Dr Connor explains that nobody except a handful of historians and international lawyers had ever heard of terra nullius until it was adopted and adapted by "the best-known and most trusted historian on Aboriginal and White conflict", Professor Henry Reynolds.
		He took a 1938 passage, which defined terra nullius as "land not under any sovereignty", and a 1910 passage with the term res nullius, which he replaced with terra nullius in square brackets.
	www.quadrant.org.au /php/archive_details_list.php?article_id=862 (7424 words)

	Dreaming Online: The Land
		Because they didn't understand the peoples' society and their land 'ownership' system, Australia was deemed to be 'terra nullius' and the land was claimed by the British.
		Terra nullius is a Latin term meaning 'land belonging to no one'.
		Thcommonon law of this country would perpetuate injustice if it were to continue to embrace the notion of terra nullius and persist in characterising the Indigenous inhabitants of the Australian colonies as people too low in the scale of social organisation to be acknowledged as possessing rights and interests in land.
	www.dreamtime.net.au /indigenous/land.cfm (3731 words)

	Troppo Armadillo: Another History War skirmish (Site not responding. Last check: 2007-10-21)
		Terra nullius became one great anachronism as it was pushed backwards into places it had never been.
		Terra nullius was in that sense an empty, mythical concept.
		That a conscious awareness and application of terra nullius was actually extant and operative during the phases of Australia's colonisation may, as the High Court ruled, mean Aborigines were given both unjust terms and treatment; even that the very basis of Australia's foundation was built on something far worse than a Manhattanite sham.
	troppoarmadillo.ubersportingpundit.com /archives/006356.html (9368 words)

	Terra Nullius To Native Title (Site not responding. Last check: 2007-10-21)
		In the judgements in Mabo, and in much public discussion which has followed, there are frequent references to the doctrine of terra nullius, which the court is said to have rejected.
		The question whether land was terra nullius is relevant to international law in deciding whether a state has acquired sovereignty by attempted occupation.
		The High Court in Mabo proceeded on the basis that the abandonment of Terra Nullius as a legal concept led inevitably to the adoption of native title as a legal right.
	www.ourcivilisation.com /cooray/mabo/chap38.htm (370 words)

	EefyWiki - Terra Nullius (Site not responding. Last check: 2007-10-21)
		In Latin, the term terra nullius means "land belonging to nobody." It does not, however, seem to have been a Roman concept.
		Of course, most of these "empty" territories were inhabited, so the meaning of terra nullius grew to include territories considered "devoid of civilized society." The most celebrated example is that of Australia, where the concept of terra nullius still features in lawsuits pressed by the Aboriginal peoples.
		The United States seems to have treated its Western frontier as terra nullius in the rush to fulfill its perceived Manifest Destiny.
	eefy.editme.com /TerraNullius (182 words)

	Mabo v Queensland (Site not responding. Last check: 2007-10-21)
		He had the power to decide if Australia was terra nullius, and if it wasn't, he could override any local laws that existed.
		The Mabo judgement was based on the legal premise that Arthur Phillip had incorrectly applied the Doctrine of Terra Nullius and therefore didn't extinguish native land laws.
		The great irony of Mabo judgement was that while it denounced the application of terra nullius, it showed a complete lack of appreciation for why the preservation of local laws was important.
	www.convictcreations.com /aborigines/mabo.htm (3119 words)

	Troppo Armadillo: Terrorising terra nullius
		If terra nullius was an unknown term in 1788, then Justice Brennan has certainly been a tad slipshod with his historical research to say the least, and Reynolds has been guilty of likewise or perhaps worse.
		Though the High Court annulled the non-existant during Mabo (as the term 'terra nullius' seemingly did not exist at the time of Australia's colonisation in 1788), this does not necessarily diminish the Aboriginal land rights struggle, for whether or not terra nullius existed, Mabo invalidated long-standing claims that Australian territory was 'unoccupied' by Aboriginal people.
		Even if terra nullius was unknown by that name in 1788 (as Connor and Brian Spittles tell us), the thinking of 17th and 18th century writers like Blackstone, Locke and Vattel actually encapsulates the same substantive idea i.e.
	troppoarmadillo.ubersportingpundit.com /archives/006486.html (6103 words)

	Mandawuy Yunupingu
		The British regarded the continent as terra nullius or unoccupied land (meaning that no colonial power had laid claims to it), and claimed it for their own in 1788.
		Eddy Mabo was a member of the Mer community on Murray Island in the Torres Strait who together with other prominent members of the community brought a case that attempted to overturn the terra nullius doctrine.
		"Terra Nullius, Terra Nullius...." The brothers are not the first generation of their family to be involved in the struggle.
	www.didjeridu.com /wickedsticks/voices/mandaw.htm (3173 words)

	\| In This Issue \| Law and History Review, 23.1 \| The History Cooperative
		Buick), a well-known issue (segregation of public accommodations), an infamous concept (terra nullius), a familiar doctrinal principle (presumption of innocence)—and shows how new research, or perspective, or conceptual analysis can highlight the subject in new ways, even alter quite fundamentally our received understanding.
		Terra nullius, however, was not standard colonial policy.
		Early British perceptions of the Aborigines were soon proven wrong in many respects, but terra nullius nevertheless persisted, because once implemented it could be abandoned only at the cost of upsetting every white person's title to land.
	www.historycooperative.org /journals/lhr/23.1/iti.html (1178 words)

	'THE SPIRIT OF MABO' by Sean Flood (Site not responding. Last check: 2007-10-21)
		We also hunted and killed the native animals and people of terra nullius because they interfered with our agricultural pursuits, timber getting, mines, National Parks or Crown Lands which we regarded as vacant and therefore public assets of the invaders.
		If mainland reserves were found to be too good for "fls" and required for further expansion, reserve after reserve was revoked to make way for white farmers while whole families of Aborigines were driven off land often made productive by years of their sweat and toil.
		The true legal theory of terra nullius never applied to Australia because it refers to land without owners.
	www.thei.aust.com /isite/igspiritflood.html (3144 words)

	1996 Synod - Terra Nullius (Site not responding. Last check: 2007-10-21)
		The Standing Committee asked the Social Issues Committee to prepare a report to enable the Synod and parishes to respond to General Synod resolution 31/95 on the Doctrine of Terra Nullius.
		"(i) acknowledges the historical existence of Terra Nullius, 'a land belonging to no-one,' or 'an empty land', and therefore General Synod fully supports the ruling of the High Court of Australia where, on 3 June 1992, the High Court ruled that the enlarged notion of Terra Nullius be no longer held to apply in Australia;
		In response to this request, the Social Issues Committee has arranged for Southern Cross Newspaper, which is made available to church members within the Diocese, to carry a series of 4 articles on this theme during the year.
	www.sydney.anglican.asn.au /synod/synod96/terra.htm (305 words)

	An empty phrase, until the fight for land rights - Opinion - smh.com.au
		He was aware Henry Reynolds had lodged the idea of terra nullius in the public consciousness in 1987, with his book The Law of the Land.
		It seems our notion of terra nullius is an invention, largely created and disseminated by historians following an important conference of land rights activists in Townsville in 1981.
		What has been argued is that while the term terra nullius might not have been used by the British, the concept it expresses was, so this is just a storm in a teacup.
	www.smh.com.au /articles/2005/12/09/1134086806515.html (730 words)

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