DaS Energy wrote on Jul 5
th, 2014 at 2:53pm:
austranger wrote on Jul 5
th, 2014 at 2:16pm:
The British were Imperialists, their Terra Nullius claim was based on their observation that there was no nation, no organised people with a claim in their understanding of such claims.
Terra nullius (/ˈtɛrə nʌˈlaɪ.əs/, plural terrae nullius) is a Latin expression deriving from Roman law meaning "land belonging to no one",[1] which is used in international law to describe territory which has never been subject to the sovereignty of any state, or over which any prior sovereign has expressly or implicitly relinquished sovereignty. Sovereignty over territory which is terra nullius may be acquired through occupation,[2] though in some cases doing so would violate an international law or treaty.
Within their terms of reference at that time they were quite correct and their colonisation was thus entirely legal and justifiable at law.
You can't simply re-interpret their actions then under our concepts now and say they were thus wrong at that time, sorry.
On the 3rd June 1992 Justice Brennan, in considering the rights of the indigenous peoples of the Murray Islands, proclaimed in the High Court of Australia that "the Meriam people are entitled as against the whole world to possession, occupation, use and enjoyment of the lands of the Murray Islands".
This decision overturns the concept of terra nullius. The Aboriginal people of the Murray Islands are entitled to be acknowledged as the original owners of the territory in question.
With that decision the foundation upon which the Law as practised by Surveyors was severely shaken; now part of Australia at least is recognised as having been inhabited by Aboriginal peoples who have rights above all others to those lands in law.
So what? We have a different outlook now, but that is utterly meaningless in the context of what happened 200+ years ago.
You must have skipped over this bit of my post..
You can't simply re-interpret their actions then under our concepts now and say they were thus wrong at that time, sorry.What the British did back then was completely legal under the rules that were in place at that time, and fitted perfectly with their world gestalt, so what anyone thinks, says, or does, nowadays is totally irrelevant to those people and facts.

You can change your outlook on history but you can't change history itself, get over it.