Bases For Takeovers

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'.

• Terra Nullius Defined
• International Law
• Colonisation
• Human Rights
• Takeovers
• Bases For Takeovers
• Justifications
• Barbarism
• Hierarchies Of Land Use
• Recent Changes To International Law
• Territorial Integrity
• The Common Law Of England
• Common Law Rules For New English Territories
• Settled & Conquered Colonies
• The Status Of The Australian Colonies
• Reception Of English Law
• Sovereignty & Ownership Distinguished
• Other Lands Settled By The British
• Terra Nullius & Australia
• Crown Land
• Gove Case
• The Gove Decision Questioned
• The Mabo Case
• The Mabo Decision
• Britain's Acquisition Of Sovereignty
• Pre-Existing Land Rights
• The Doctrine Of Tenures Reconsidered
• Extinguishment Of Native Title
• Sovereignty & Indigenous Self-Government