Those ex-colonies also used “The Doctrine of Discovery and Canadian Law” (2010) 30:2 Can J Native Stud 335; Blake A Watson, “The Impact of the American Doctrine of Discovery on Native Land Rights in Australia, Canada, and New Zealand” (2011) 34:2 Seattle UL Rev 507 [Watson ]. the Doctrine of Discovery in their colonization of the modern day countries of Australia, Brazil, Canada, Chile, New Zealand, and the United States. North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. All Rights Reserved. However, the legacy of Terra Nullius remains with the Crown retaining the underlying sovereignty of all land in Australia. . ALSWA Freecall from anywhere in WA. This “Doctrine of Discovery” provided an ideological framework that informed discovery, conquest, and colonization. Request PDF | On Aug 5, 2010, Robert J Miller and others published The Doctrine of Discovery in Australia | Find, read and cite all the research you need on ResearchGate However, terra nullius did not imply that the land was “empty”. Terra nullius (/ ˈ t ɛ r ə n ʌ ˈ l aɪ ə s /, plural terrae nullius) is a Latin expression meaning "nobody's land". Assembly of First Nations Dismantling the Doctrine of Discovery January 2018 - 2 - How is it possible that any Pope, King or Queen, or explorers from Europe could “discover” lands in the New World if Indigenous Peoples were already occupying such lands This book shines new light on the mostly ignored historical and legal evidence of the use of the Doctrine of Discovery in Australia, Canada, New Zealand, and the United States. It looks particularly at the development of the legal fiction of terra nullius. ALSWA provides legal support and representation for Aboriginal and Torres Strait Islander peoples in WA in Civil and Human Rights Law, Criminal Law, Family Law and Child protection with additional services in Bail Support Service and Prison In-Reach Program, Community Legal Education, Custody Notification Service, Work development Permit Service, Your Story Disability Legal Support and Youth Engagement Program. The Doctrine can be traced back to a series of Papal Bulls from the 1400s which sanctioned Christian explorers including Christopher Columbus to colonise and exploit non-Christian nations and claim their land for themselves.   Forced removals. In fact, the Doctrine of Discovery is the basis for all Indian land law in the United States and Canada, and it has imposed similar burdens on indigenous peoples all over the world – Australia, New Zealand, in Africa, in Latin America and in the island nations of the This chapter explores the ways in which the Doctrine of Discovery was used to justify the assertion of British sovereignty over Australia and its indigenous peoples, and is continued to be used to justify its colonization. 1800 019 900 You could not be signed in, please check and try again. To troubleshoot, please check our Johnson v McIntosh continues to be relied on around the world including in Australian post Mabo decisions. This website is currently being updated (as of October 2020), Aboriginal Legal Service of Western Australia Limited, © 2018 Aboriginal Legal Service of Western Australia (Ltd.) |, Royal Commission into Aboriginal Deaths in Custody - 20 Years On. 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