... . Introduction United States law has used the doctrine of "discovery" to justify the takeover of Indian people and territory. In the same way Australian law has used the concept of "terra nullius," the legal myth that Australia had no previous owners. Today it is easy to see that both doctrines are racist. Both are inconsistent with modern international law. The United Nations ... Working Group on Indigenous Populations rejects both doctrines. Canadian law has never used either "discovery" or "terra nullius." Our legal tradition has been so self-confident, so arrogant, that it felt no ne...

• Word Count: 4016
• Approx Pages: 16
• Grade Level: High School

... lived for their land and past ancestors. . The first fleet arrived in Australia in 1788. The land had been claimed by Lieutenant James Cook in 1770 and was known as "terra nullius"meaning empty land. This was not because the British people did not see the Aboriginals, but because the Aboriginals did not build permanent dwellings or cultivate the land like the ... to make laws for the Aboriginal people. The census was a success with 90.77% of Australians voting YES. In 1992 the High Court of Australia recognised that Australia was not "terra nulius" at the time of colonisation, this was ...

• Word Count: 1983
• Approx Pages: 8
• Grade Level: High School

... and traditions such as corroborees and initiations be practised and no longer could Sacred Sites be visited. In 1788, Captain Cook claimed the newfound land of Australia, and declared it "Terra Nullius"." This meant that the land belonged to no one and therefore give him the right to posses the land and establish a colony. When the Europeans regarded the Aboriginals as inferior ... fully restored. Mabo was the first Aboriginal man to win a court case concerning land rights issues. In 1993, the Native Title Act was established that recognised that Australia was not "Terra Nullis " at the...

• Word Count: 1408
• Approx Pages: 6
• Grade Level: Undergraduate