It was never conceived as a legal doctrine that could be argued or adjudicated by any court, so it's hardly surprising that terra nullius was such an obscure concept. |
Nor was North America terra nullius, free for the taking, as was claimed later. |
Instead, land occupied by pastoralists and hunter-gatherers was defined as terra nullius. |
The common law principle of terra nullius has been applied to the relationship between the Aboriginal and non-Aboriginal peoples of Australia. |
It was not until the Mabo decision in the Australian High Court in 1992 that the concept of terra nullius was overturned. |
Aboriginal people were not regarded as human beings, and all cultures have their own sort of collective fantasies, and the idea of terra nullius was a collective fantasy. |