Under this belief, titleto lands lay with the government whose subjects travelled to and occupied a territory whose inhabitants were not subjects of a European Christian monarch. Please, subscribe or login to access full text content. 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". The doctrine was Chief Justice John Marshall’s explanation of the way in which colonial powers laid claim to newly discovered lands during the Age of Discovery. Users without a subscription are not able to see the full content. Johnson v McIntosh was used as reasoning to declare a treaty made between the Port Phillip Association and a delegation of Aboriginals over what is now Melbourne void. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. Fax: +61 8 9221 1767. The Doctrine of Discovery (also known as the Doctrine of Christian Discovery) is an international legal concept and Christian principle, that is borne out a number of catholic laws (called “papal bulls”) originating out of the Vatican in the 15th and 16th centuries. Natural resources were seized … It is only through the goodwill of our supporters that ALSWA can adequately advocate, lobby and provide a strong voice nationally and internationally on the continued struggles and inequality faced by Aboriginal and Torres Strait Islander peoples. date: 20 January 2021. The doctrine was strongly held by King Ferdinand and Queen Isabella of Spain who financed Columbus' first expedition to America. The United States Supreme Court expressly adopted Discovery in 1823 in Johnson v. Bishop Mark MacDonald made his comments during a visit to Australia where he attended a number of events, including a retreat for Aboriginal and Torres Strait Islander Anglican leaders retreat in central Australia. North America, New Zealand, and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. The Doctrine of Discovery is similar to Terra Nullius, with its basis in US law. Public users can however freely search the site and view the abstracts and keywords for each book and chapter. The Doctrine of Discovery was the legal means by which Europeans claimed rights of sovereignty, property, and trade in regions they allegedly discovered during the age of expansion. contact us This book presents new material and shines fresh light on the under-explored historical and legal evidence about the use of the doctrine of discovery in Australia, Canada, 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. DOI:10.1093/acprof:oso/9780199579815.003.0006, Table of Legislation and Analogous Documents, 2 The Legal Adoption of Discovery in the United States, 3 The Doctrine of Discovery in United States History, 5 Contemporary Canadian Resonance of an Imperial Doctrine, 7 Asserting the Doctrine of Discovery in Australia, 8 Asserting the Doctrine of Discovery in Aotearoa New Zealand: 1840–1960s, 9 The Still Permeating Influence of the Doctrine of Discovery in Aotearoa/New Zealand: 1970s–2000s, 10 Concluding Comparatively: Discovery in the English Colonies, Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies, 2 The Legal Adoption of Discovery in the United States, 3 The Doctrine of Discovery in United States History, 5 Contemporary Canadian Resonance of an Imperial Doctrine, 6 The Doctrine of Discovery in Australia, 7 Asserting the Doctrine of Discovery in Australia, 8 Asserting the Doctrine of Discovery in Aotearoa New Zealand: 1840–1960s, 9 The Still Permeating Influence of the Doctrine of Discovery in Aotearoa/New Zealand: 1970s–2000s, 10 Concluding Comparatively: Discovery in the English Colonies. Those ex-colonies also used These claims were made without consultation with the resident populations in these territories – the people to whom, by any sensible account, the land actually belonged. Johnson v McIntosh continues to be relied on around the world including in Australian post Mabo decisions. The discovery doctrine, also called doctrine of discovery, provided a philosophical framework for Christian explorers, to lay claim to territories uninhabited by Christians. All Rights Reserved. Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. The Spanish monarchs were stro… As a strategy to assist the IPO network of Australia in their preparations for 2012 held by Ferdinand... Abstracts and keywords for each book and chapter this title, please contact your librarian book! Ferdinand and Queen Isabella of Spain who doctrine of discovery australia Columbus ' first expedition to America global Context –UN Permanent on! 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