Terra Nullius Analysis

NATIVE TITLE: THE DECLARATION OF TERRA NULLIUS

Introduction
This essay will discuss the declaration of Terra Nullius and what it implied for white settlement of Australia. Furthermore it will explain the High Court's decision in the Case of Eddie Mabo vs. The State of Queensland. It all began when Australia was conquered under the doctrine of Terra Nullius. Terra nullius can be interpreted as an absence of civilized society. This declaration only gave a mandate for white settlement of Australia. The British settled among and established control over the Indigenous peoples land.

Idea of Terra Nullius
The principle called terra nullius originated from a Latin term- translated to no man's land (nobody's land). According to Miller (2010), p.
This continent became a part of the modern world. However. ever since the settlement of Australia, white law has been unjustly dominant over the Indigenous legal system.
However, the settlement of Australia was a systematic destruction of indigenous cultures and the extinction of many local people. As the land was declared terra nulls, there was denial of Aboriginal and Torres Strait Islanders rights. They denied the existence of Indigenous people, treating them as subhuman's (don't exist as humans). Their culture, knowledge had no significance in their eyes. It also had a devastating impact on health.
The invasion not only dramatically decreased the population of aboriginal people but it also unfairly claimed their home, culture, and language. Before the settlement of Australia, Aboriginal people lived unique lives compared to the rest of the world. They lived in different tribes, each speaking separate languages. Spears and fishnets were the most highly effective ways of securing food for living. Aboriginals also has a very strong connection with their land, naming every rock, mountain , tree, to animal had a story and meaning hidden behind it. The arrival of white settlement not only stole their land, but also took away the Aborigines special way of life and
The State of Queensland overthrew the belief that Australia should be declared terra nullius when the English claimed possession of it.
The high court decision recognized that Indigenous Australians have a native title to land. It means that they have a right to live on it and use it for traditional purposes. The Indigenous people lived on the land, even though the British believed that it was not occupied the land in the European legal systems. The high court of Australia rejected “terra nulls” from the law. However this decision does not address that the Europeans took over Aboriginal land with no consent or agreement.
The high court decision in Mabo vs. The State resulted in the incorporation of indigenous law into the Australian Law. It also resulted in the claim of the Merriam people for the title to the Murray Island. To be able to control fishing industries in Torres Strait, to further be able to protect shipping and shipwrecked crews and most importantly to protect the native islands.
The plaintiffs declaration included that Merriam people are entitled to the Murray Islands
-as owners
-as possessors
-as occupiers
-as person’s entitled to use and enjoy the