Terra nullius
Topic: Settler Colonialism: Native Peoples of America and Australia · NCERT: Class 11, Ch 6 "Displacing Indigenous Peoples"
Meaning
Terra nullius is Latin for 'land belonging to nobody'. The British used this legal idea to claim Australia. They said the land had no owners, so they did not need to sign treaties (written agreements) with the native peoples. This sets Australia apart from the USA, Canada and New Zealand, where settlers did sign treaties with natives, even if those treaties were often unfair. For two centuries, terra nullius denied the aborigines any legal right to their land.
Example
In 1992, the High Court of Australia gave its judgement in the Mabo case. It declared terra nullius legally invalid and accepted native claims to land going back to before 1770, the year Captain Cook reached Botany Bay.
Don't confuse with
- Legislation: a law passed by Parliament did not end terra nullius. A court judgement (Mabo, 1992) ended it.