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Terra nullius (/ ˈ t ɛr ə ˈ n ʌ l ɪ ə s /, [1] plural terrae nullius) is a Latin expression meaning "nobody's land". [2] Since the nineteenth century it has occasionally been used in international law as a principle to justify claims that territory may be acquired by a state's occupation of it.
In Tsilhqot'in Nation v British Columbia (2014), the Supreme Court of Canada confirmed that "the doctrine of terra nullius never applied in Canada". Aboriginal title is a beneficial interest in land, although the Crown retains an underlying title. [48]
The issue of terra nullius was not contemplated in the case. Although Milirrpum was not appealed beyond the Supreme Court of the Northern Territory, it was overruled by the High Court of Australia two decades later in Mabo v Queensland (No 2), when native title was recognised under Australian Law.
The doctrine of terra nullius was not applicable to Australia at the time of British settlement of New South Wales; The Crown acquires radical title to land when it acquires sovereignty over it; Native title exists as part of the common law of Australia; The source of native title was the traditional customs and laws of Indigenous groups
Uti possidetis juris is a modified form of uti possidetis; created for the purpose of avoiding terra nullius, the original version of uti possidetis began as a Roman law governing the rightful possession of property. [1]
A concept derived from res nullius by allegory is terra nullius. [7] 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 the scramble for Africa).
The European Union Commission no longer believes there is a risk to the rule of law in Poland, EU Commission President Ursula von der Leyen said on Monday, adding that the EU would therefore end ...
[1] [2] This legal category is related to the terra nullius concept, used during the colonial period to classify "land without a sovereign." Critics refer to the interpretation of this legal category by the State of Israel as the Mawat land doctrine , under which many Palestinians , particularly in the Negev , were dispossessed based on this ...