Sentences with phrase «nullius with»

Australia's settlers practices and believed in the purest form of terra nullius with the consequence that their heirs, now moved by a less racist and more liberal outlook, have the furthest to go, the widest chasm to bridge, in finding a consensual way of sharing citizenship and country with the first peoples of their land.

Not exact matches

With rents ever higher in Chelsea's old garages and the Lower East Side's tenements, nearly a dozen homesteading dealers have moved to a few blocks of terra nullius hemmed in by SoHo, TriBeCa and the Civic Center.

The contribution of Eddie Mabo in campaigning for Indigenous land rights and for his role in a landmark decision of the High Court of Australia which overturned the legal doctrine of terra nullius («nobody's land») which characterised Australian law with regard to land and title was also recognised.

However, the recognition and protection of those right and interests in Australian law occurred only recently, with the High Court's 1992 decision in Mabo (No. 2).128 There the Court found that the legal doctrine of terra nullius, or «land belonging to no one», that had applied from the British colonisation of Australia, was false.

Yet the promise that, with the overturning of terra nullius the common law might form the basis of a new relationship between Indigenous and non-Indigenous people has not been fulfilled.

Terra nullius is out of step with modern international law, particularly in relation to the human rights of equality and self - determination.

Having rejected the distinction between inhabited territories that were considered terra nullius and those that were not considered terra nullius based on the customs of their Indigenous inhabitants, the common law was liberated to recognise and give protection to the relationship that Indigenous people continue to have with their land through the concept of native title.

The Mabo decision is usually associated with overturning terra nullius as the basis of the acquisition of British sovereignty which in turn allowed the courts to recognise native title.

Ignoring those rights and interests, the Crown's sovereignty over a territory which had been acquired under the enlarged notion of terra nullius was equated with Crown ownership of the lands therein, because, as Stephen C.J. said, there was «no other proprietor of such lands».

Prior to these decisions the processes of recognition and extinguishment represented a troubling disjuncture in the law of native title with recognition understood as overturning terra nullius by giving it legal status and so protecting Indigenous rights to land.

Photo / painting above: Eddie Koiki Mabo (c. 29 June 1936 — 23 January 1992) from the Torres Strait Islands known for his role in campaigning for Indigenous land rights and for his role in a landmark decision of the High Court of Australia which overturned the legal doctrine of terra nullius («land belonging to nobody») which characterised Australian law with regard to land and title

To allow Indigenous sea rights to be relegated to the same legal status as recreational fishermen would be to hold to an outdated and defective doctrine of mare nullius, wholly inconsistent with contemporary international rules and principles.

The Torres Strait is home to the group of Islanders from Mer who first won recognition of native title, with Eddie (Koiki) Mabo triggering the land rights case which recognised Aboriginal peoples and Torres Strait Islanders» native title to the land and affirmed that Australia was not terra nullius (belonging to no one) when the British arrived.