Question

discuss the importance of terra nullius in relation to the historical foundations of Australian law

discuss the importance of terra nullius in relation to the historical foundations of Australian law

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Answer #1

Terra nullius means "nobody's land". This doctrine has existed in the law of nations throughout the development of Western democracy. The fact that it is a Latin phrase gives us the clue that it is derived from Roman law – the concept that ownership by seizure of a thing no one owns is legitimare

Terra nullius is a Latin term meaning “land belonging to no one”. British colonisation and subsequent Australian land laws were established on the claim that Australia was terra nullius, justifying acquisition by British occupation without treaty or payment

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