This is an NFSA Digital Learning resource. See all Digital Learning websites.
Bases For Takeovers
More Information
Web video - requires <a href="">QuickTime</a> <br> <a href="#transcript">Transcript here</a>

In the 1992 High Court Mabo decision, Justice Brennan summarised the bases in International law by which territory might be acquired.

They included conquest, cession or treaty, and occupation of territory that was 'terra nullius'.

Occupying terra nullius, that is, empty land, presented no particular problem.

However this concept was also extended to lands that were inhabited; but where the people were considered to be 'backward'.
Justice Brennan And Terra Nullius
Brennan, Justice Gerard, Canberra, Common Law, conquest, High Court judgement, International law, sovereignty, terra nullius
Acquisition of sovereignty by settlement
native title, plaintiffs, settlements, sovereignty, Toohey, Justice
Common Law Rules For New English Territories
Britain, Britain, British law, Common Law, conquest, International law
barbarism, colonisation, International law, terra nullius
Berry picker in camp
Chipewyan, Curtis, Edward S., indigenous people, United States of America