Terra Nullius

Paper Summary:

Terra Nullius ("Empty Land") was a law created in Australia in 1788, that denied recognition of land ownership prior to that date for anyone other than English and other white European settlers. This paper examines the rule from its implementation until 1992, when the Australian high Court handed down its infamous "Mabo" ruling which stated that the policy of Terra Nullius was not valid and that the Aborigines were the first true inhabitants of Australia.

From the Paper:

"One example was that of John Koowarta, who obtained funds, partially through the Australian Federal government, to buy a cattle station in Central Cape York Peninsula. The owner of the station was willing to sell the property to him, but the Queensland government intervened to prohibit the sale. They refused to allow the transfer of pastoral lands, because their policy at the time was not to permit Aborigines to purchase land in isolation from the State government. Koowarta went to court, and won, with the court therefore pointing out that Queensland (and presumably other states) had valid racial discrimination laws."

More papers on Terra Nullius:

• Essay # 65908 : "Terra Nullius in Australia"
• Essay # 63764 : "Terra Nullius" in Australia"
• Analytical Essay # 87843 : "Immigrant Women in Canada"

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