Doctrine Of Discovery In Simple Terms
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How to fill out Motion For State To Produce Discovery Document?
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Two papal bulls, in particular, stand out: (1) Pope Nicholas V issued "Romanus Pontifex" in 1455, granting the Portuguese a monopoly of trade with Africa and authorizing the enslavement of local people; (2) Pope Alexander VI issued the Papal Bull ?Inter Caetera? in 1493 to justify Christian European explorers' claims ...
The doctrine of discovery was used as the legal foundation for taking the land of Indigenous people by Europeans, and for the establishment of residential schools; as Justice Marshall wrote, ?The European governments asserted the exclusive right of granting the soil to individuals, subject only to the Indian right of ...
More broadly, the doctrine of discovery can be described as an international law doctrine giving authorization to explorers to claim terra nullius ? i.e. said inhabited land ? in the name of their sovereign when the land was not populated by Christians.
The Doctrine of Discovery provided a framework for Christian explorers, in the name of their sovereign, to lay claim to territories uninhabited by Christians. If the lands were vacant, then they could be defined as ?discovered? and sovereignty claimed.
Discovery in international law The means by which a state can acquire territory in international law are conquest, cession by agreement, occupation of land which belongs to no state (terra nullius), and prescription through the continuous exercise of sovereignty.