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  • Native Title On The Land
    3,640 words
    Australia Territory Continent Introduction [1.1] Australia has always been regarded as terra nullius under International Law. Terra nullius is a "territory belonging to no state, that is, territory not inhabited by a community with a social and political organisation. In International Law, effective occupation is the traditional mode of extending sovereignty over terra nullius"1. In 1788, on the advent of discovery, the British became legal occupiers of Australia. Coincidence with the British Cr...
  • Native Title Over The Land 1
    1,786 words
    [1.0] ABORIGINAL LAND RIGHTS [1.1] Establishment of Native Title Three basic requirements were enunciated to establish Native Title in Mabo No 2 (1992) 175 CLR 1: 1. There must be an identifiable group, 2. There must be traditional rules and customs, 3. Traditional rules and customs must be in existence so that the group's connection to the land has been substantially retained If any of these requirements are not met, there can be no native title over the land [1.1. 1] Application On the facts t...
  • Squatters Appeal On Alamar's Land
    1,146 words
    The novel begins with William Darrell explaining to his wife what makes him a settler and not a squatter, in his eyes, as an American citizen. From there Darrell heads to Southern California to acquire lands to settle, build a homestead, and bring his family down south with him. His wife makes him promise not to settle on lands belonging to others and that if he does, pay the rightful owner of that land. Don Mariano Alamar was the man on whose land Mr. Darrell had squatted, along with several ot...
  • Land Rights And Native Title
    1,483 words
    Doctrine of terra nullius Terra nullius literally means 'land belonging to no one', and referred not only to territory that was inhabited, but also yo territory inhabited by people who had no system of law or social or political organization that was recognised by the English. Instead of recognising the laws and customs that existed at time of colonisation, the British government declared the land of the colony of New South Wales to be terra nullius. Subsequent legal developments: The federal Pa...
  • Native Title Land
    1,889 words
    Native title decisions regarding Indigenous land claims in Australia have been and still are very contentious issues. Native title is the term used by Australia's high court to describe the common law interests in land of Indigenous Australian people. It wasn't until a decision in the high court in 1992 that the longstanding legal fiction that the continent was terra null ius - a land belonging to no one was reversed (Butt, 1996: 22). For the first time, the common law rights of Australia's indi...

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