political uncertainty between Taiwan and China‚ and consider Taiwan as a Chinese entity. Japan claims that those islands have been under Japanese sovereignty since 1895‚ when the islands were annexed into Japanese territory after finding them to be terra nullius. China claims to have acquired those islands through discovery and historical use since 1372‚ but ceded those islands to Japan in 1895 under the Treaty of Shimonoseki until the end of World War II‚ where it reclaimed possession of those islands
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colonists were led to believe that the land was terra nullius (‘no one’s land’)‚ which Lt James Cook declared Australia to be in 1770 during his voyage around the coast of Australia.It would not be an exaggeration to claim that the Island continent was owned by over 400 different nations at the time of this claim by Cook. When the first fleet arrived in Sydney Cove it is said that Captain Philip was astounded with the theory of Cook’s terra nullius‚ saying “Sailing up into Sydney cove we could see
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tribes in Australia. Aboriginal people formed their own way of living with their isolation of external influences with dreamtime‚ their religious and spiritual belief. The Aboriginal people believed in terra nullius (meaning ’land belonging to no one’) and soon after‚ the Europeans took away terra nullius and claimed to own the land. The European colonial governments started to grant‚ lease and sell land to white settlers and made money from it. Sacred sites‚ hunting grounds and food supplies of
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The Context The occasion for this speech was one which might discomfort a less experienced speaker than Noel Pearson. He was invited to address a distinguished academic gathering at the University of Western Sydney. His host was his former history professor‚ the Chancellor‚ Professor Derek Schreuder. His topic‚ inspired by High Court decisions and political statements at the time‚ was Australian history. In particular‚ the way Australian history presented the historic relationships between the European
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on 26 January 1788 with the arrival of the First Fleet at Port Jackson Terra nullius * In the 1700s‚ new territory discovered by England was classified as either: * Territory acquired by treaty or military victory in which cases the existing legal institution was retained * Territory that was terra nullius i.e the inhabitants were not recognised and the English legal system applied * For Australia terra nullius was applied * Customary law ( the legal system of the local aboriginals)
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Native Title and its ramifications for Australian Law The Torrens Title System: A system devised to recognise provable ownership of land by Law. Australia initially adopted the British system using Title of Ownership‚ deeds of grant and following the doctrine on tenure where the Crown‚ is the ultimate owner of all lands (Gray et al. 2009). However‚ it was a large problem with legal fees‚ proof of ownership and forgeries until the Government managed resister was established enabling easier transactions
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At the time of the arrival of The First Fleet‚ Captain Cook declared Australia ’terra nullius’‚ meaning no man’s land. This basically meant that there was no recognition of land ownership‚ or native title. Terra nullius was considered‚ at the time of invasion‚ a reasonable policy‚ that without proper use of the land and any native title‚ the British could move in to take the land. There was a big confrontation between the British and the Aborigines over who had rights to the land. The Aborigines
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Australians‚ the Bringing Them Home Report which helped lead to the Apology. All of these events are important in Aboriginal culture as they all inspired change in the Australian community. The Mabo Decision was the goal to overturn the idea of Terra Nullius so that Aboriginal peoples would be recognised
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State of Queensland (No.2) [1992] HCA 23. The case required the High Court to consider the legality of the ‘doctrine of terra nullius’ – land belonging to no one. This was the legal concept of that when the first Europeans came to Australia the land was owned by no one and thus was open to settlement. The High Court ruled in favour of Mabo and overturned the concept of ‘terra nullius’. This effectively resulted in the introduction of native title legislation to Australia. The 1967 Referendum in Australia
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and overwhelmingly detrimental. The impact of British colonisation resulted in Australia being declared ’terra-nullius’ ’land belonging to no-one’ and Aboriginal peoples were subject to policies of dispossession and protectionism in a bid to the eventual demise of all facets of their traditional culture. (http://www.bookrags.com/essay-2005/3/2/5583/41950‚ 2005) The policy of ’terra nullius’ saw many Aboriginal peoples driven off their land as squatters‚ pastoralists‚ settlers and farmers occupied
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