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Legal Terms – discovery
(in international law) A technique for obtaining territory whereby legitimate ownership can be established by asserting claims over land that is unclaimed (terra nullius). During the initial phase of European exploration, it was believed that the discovery of an uncharted territory granted complete ownership to the state represented by the discoverers. It is now well known that mere discovery is an inadequate basis for proprietary rights.
The differentiation between acquisition by cession and acquisition by discovery was predicated on the contrast between organized and unstructured societies. The North Island of New Zealand was regarded as a case of acquisition via cession, but the South Island, predominantly uninhabited and not often governed by any chiefs, was considered a case of discovery. Similarly, as the discoverers deemed the Australian aborigines incapable of engaging in intelligent land transactions, Australia was regarded as terra nullius.
(in international law) A technique for obtaining territory whereby legitimate ownership can be established by asserting claims over land that is unclaimed (terra nullius). During the initial phase of European exploration, it was believed that the discovery of an uncharted territory granted complete ownership to the state represented by the discoverers. It is now well known that mere discovery is an inadequate basis for proprietary rights.
The differentiation between acquisition by cession and acquisition by discovery was predicated on the contrast between organized and unstructured societies. The North Island of New Zealand was regarded as a case of acquisition via cession, but the South Island, predominantly uninhabited and not often governed by any chiefs, was considered a case of discovery. Similarly, as the discoverers deemed the Australian aborigines incapable of engaging in intelligent land transactions, Australia was regarded as terra nullius.
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