terra nullius

Latin · TER-a nul-LEE-us · International law

Meaning. Land belonging to no one, which a State may acquire by occupation.

In international law, territory that is not under the sovereignty of any State is terra nullius and may be acquired by effective occupation, which requires an intention to act as sovereign and an actual, continuous display of authority. The Eastern Greenland case (PCIJ, 1933) and Island of Palmas arbitration (1928) set out these requirements.

In the Western Sahara advisory opinion (ICJ, 1975), the Court held that territory inhabited by tribes or peoples having social and political organisation was not terra nullius. The High Court of Australia rejected the doctrine as applied to Australia in Mabo v. Queensland (No. 2) (1992). Today almost no land is terra nullius; Antarctica is governed by treaty.

Example

Since the territory had organised tribes with political ties to the Sultan, the ICJ held it was not terra nullius when Spain colonised it.

In Indian law

Western Sahara, Advisory Opinion (ICJ, 1975)

terra nullius

Example

In Indian law

See also

Read more in the study notes