It's called the Discovery Doctrine, and it has a 500 year legal history.
When Christopher Columbus first set foot on the white sands of Guanahani island he performed
a ceremony to "take possession" of the land for the king and queen of Spain, acting under the
international laws of Western Christendom. Although the story of Columbus' "discovery" has
taken on mythological proportions in most of the Western world, few people are aware that
his act of "possession" was based on a religious doctrine now known in history as
the Doctrine of Discovery.
Under the doctrine, a government could claim title to lands it's subjects travelled to and occupied and whose indigenous inhabitants were not subjects of a European Christian monarch. The doctrine's legal use has been for invalidating aboriginal claims to their homeland in favor of colonial governments. |