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

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journal contribution
posted on 2004-01-01, 00:00 authored by Julie Cassidy
Re-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.

History

Journal

Southern Cross University law review

Pagination

1 - 50

Location

Lismore, N.S.W.

Open access

  • Yes

ISSN

1329-3737

Indigenous content

This research output may contain the names and images of Aboriginal and Torres Strait Islander people now deceased. We apologise for any distress that may occur.

Language

eng

Notes

Reproduced with the kind permission of the copyright owner.

Publication classification

C1 Refereed article in a scholarly journal

Copyright notice

2004, Southern Cross University

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