2004•Deakin Research Online (Deakin University)Requires access

The impact of the conquered/settled distinction regarding the acqisition of sovereignty in Australia

Julie Cassidy

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Abstract

\n\t\t\t\t\tRe-examination of the author's 1988 article on the significance of the classification of a colonial acquisition as being through conquest, cession or settlement - discussion of Australian judicial pronouncements on various issues - whether Australia was 'terra nullius' - whether the Aboriginal peoples were sovereign nations - whether sovereignty was acquired through settlement or conquest - the laws of England flowed into and provided the legal foundations of the colony - whether those laws recognised the pre-existing Aboriginal title - significance of the classification of a colonial acquisition - Mabo decision - issues relevant to Aboriginal sovereignty. \n\t\t\t\t

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What this paper is about

\n\t\t\t\t\tRe-examination of the author's 1988 article on the significance of the classification of a colonial acquisition as being through conquest, cession or settlement - discussion of Australian judicial pronouncements on various issues - whether Australia was 'terra nullius' - whether the Aboriginal peoples were sovereign nations - whether sovereignty was acquired through settlement or conquest - the laws of England flowed into and provided the legal foundations of the colony - whether those laws recognised the pre-existing Aboriginal title - significance of the classification of a colonial acquisition - Mabo decision - issues relevant to Aboriginal sovereignty. \n\t\t\t\t

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Available abstract

\n\t\t\t\t\tRe-examination of the author's 1988 article on the significance of the classification of a colonial acquisition as being through conquest, cession or settlement - discussion of Australian judicial pronouncements on various issues - whether Australia was 'terra nullius' - whether the Aboriginal peoples were sovereign nations - whether sovereignty was acquired through settlement or conquest - the laws of England flowed into and provided the legal foundations of the colony - whether those laws recognised the pre-existing Aboriginal title - significance of the classification of a colonial acquisition - Mabo decision - issues relevant to Aboriginal sovereignty. \n\t\t\t\t

Key concepts: Sovereignty, Settlement (finance), CONQUEST, Colonialism, Law, Political science, History, Ancient history

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