2. Eighteenth Century Perspective

Terra nullius: A concept in international law meaning 'a territory belonging to no-one' or 'over which no-one claims ownership'. The concept is related to the legal acceptance of occupation as an original means of peacefully acquiring territory. However, a fundamental condition of a valid occupation is that the territory should belong to no-one. The concept has been used to justify the colonisation of Australia. The High Court decision of 1992 rejected terra nullius and recognises Indigenous native title.

Source: https://australianmuseum.net.au/glossary-indigenous-australia-terms

 

Eighteenth Century Perspective

The Eighteenth century saw the increasing expansion of the British Empire, who occupied roughly one third of the, then known world, often resulting in great hardship to the local Indigenous peoples. This was colonialism. In the case of Australia, Britain sought to extend its authority and empire into new regions, generally with an aim of ‘developing’ or exploiting other lands, resources and their peoples, often by force and oppression.

The term Terrra Nullius was not used by the 18th century colonisers. This term came into use quite recently (1960's - 70's) and has been taken on as it clearly describes the attitude of the time. At the time they used terms like, ‘discovery’ and ‘settlement’. The colonisers were directed to leave it all alone if the land was ocupied. To the colonisers, they were following a convention of international law of the time. The land was not occupied or settled in a ‘European way’ – with houses, towns, cultivated land, roads and no government as the British understood it to be, therefore it was fair game.

Though there were obviously people here they did not have what the British understood as 'claim' to the land. Though indigenous peoples were acknowledged they were not considered as British subjects.

The removal of Aboriginal people from their traditional lands and families, exploitation of Aboriginal labour, and gradual introduction of policy sought to control or contain Aboriginal people, was the fallout from the false concept of Terra Nullius.