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Terra nullius.(Letter to the editor)
SIR: Since Michael Connor (Bulletin, August 2003) and John Dawson (Quadrant, July-August 2004) challenged Henry Reynolds over terra nullius, the debate has shifted to the relevance of terra nullius to the 1992 Mabo judgment, which found that native title existed in the three Murray Islands off the coast of Papua New Guinea, the largest of which, at 2.8 kilometres, is about the length of Pitt Street between Central Station and Circular Quay.
Former Chief Justice Anthony Mason (Weekend Australian, February 25-26, 2006) insisted that terra nullius "played a very minor role" in Mabo 2. His fellow judges, however, did consider terra nullius an important factor. Mason and McHugh contributed a brief summary and gave their joint support to Justice Brennan who used terra nullius at least twenty-nine times when explaining issues related to sovereignty, common law and Crown ownership. Sir William Deane in "Some Aspects of Daguragu" (1996), wrote: "In the Mabo case in 1992, Australia's highest Court unequivocally concluded that the notion of terra nullius was a travesty of fact and a fallacy of law."
The Murray Islands were not claimed by Captain Cook in 1770 but annexed by Queensland in 1879. Deane and Gaudron in their judgment explained that Mabo proved that: "the lands of this continent were not terra nullius or 'practically unoccupied' in 1778" and they plotted the course of events in Mabo in a sort of knee bone connected to the thigh bone explanation: "Upon the ...
- Serpens nullius.(counter-attacks against The Invention of Terra Nullius and its...
- Magazine article from: Quadrant Dawson, John April 1, 2006 700+ words
...attacks against The Invention of Terra Nullius and its author, Michael Connor...tried to shrink the importance of the terra nullius issue down to a "quibbling point", arguing that terra nullius occupies only a few of the 160 pages...
- The nullius ideal: on "terra nullius reborn" by Henry Reynolds.(History)
- Magazine article from: Quadrant Dawson, John July 1, 2004 700+ words
THE WORDS terra nullius were probably never spoken on the...international lawyers had ever heard of terra nullius until it was adopted and adapted...1987, Professor Reynolds redefined terra nullius. He took a 1938 passage, which...
- Terra nullius. (first European name for North America was Latin and meant empty...
- Magazine article from: Canada and the World Backgrounder September 1, 1995 700+ words
...When the Europeans arrived in North America they called it "Terra Nullius," Latin for empty land. This ignored the reality that...million Native Indians who lived here. In his book, People of Terra Nullius, Boyce Richardson says that the notion of the land being...
- Terra nullius; a journey through no one's land.(Brief Article)(Book Review)
- Magazine article from: Reference & Research Book News February 1, 2008 700+ words
9781595580511 Terra nullius; a journey through no one's land. Lindqvist, Sven. Trans. by Sarah Death. The New Press 2007 248 pages $24.95 Hardcover...
- Footprints in Terra Nullius.(FIRST NATIONS--INTRODUCTION)(origins of first...
- Magazine article from: Canada and the World Backgrounder January 1, 2006 700+ words
...arrivals is not known. What is known is that the Americas had people living here when Europeans arrived with their doctrine of terra nullius (Latin for "land of no one"). The idea behind this doctrine was that if no Europeans were in sight then newly discovered...
- Homely stories and the ideological work of 'Terra Nullius'.(title...
- Magazine article from: Journal of Australian Studies Allen, Margaret September 1, 2003 700+ words
...rights of belonging are denied. Evans's words, far from being trivial, are seen as performing the ideological work of 'Terra Nullius'. Matilda Jane Evans (nee Congreve) wrote fourteen novels set in South Australia between 1859 and her death in 1886...
- The Murray Islands archaeological project: results of recent archaeological...
- Magazine article from: Australian Aboriginal Studies Carter, Melissa September 22, 2002 700+ words
...the antiquity of settlement of the Murray Islands, eastern Torres Strait, and a description...analyses on excavated deposits from the Murray Islands established first human occupation...The mineralogical analysis of the Murray Islands pottery sherds recently has been completed...
- It's our land; The first Australians.(Australia's aborigines)(land claim by...
- Magazine article from: The Economist (US) September 7, 2002 700+ words
...occupation, use and enjoyment of the lands in the Murray Islands". The Mabo judgment, which was later incorporated...Act of 1993, overturned the legal concept of terra nullius, that the land belonged to no one until the British...
Source: HighBeam Research, Terra nullius.(Letter to the editor)