Terra nullius facts for kids

The unclaimed areas of Antarctica, including all of Marie Byrd Land

Terra nullius ( plural terrae nullius) is a Latin expression meaning "nobody's land". Since the nineteenth century it has occasionally been used in international law as a principle to justify claims that territory may be acquired by a state's occupation of it. There are currently three territories sometimes claimed to be terra nullius: Bir Tawil (a strip of land between Egypt and the Sudan), four pockets of land near the Danube due to the Croatia–Serbia border dispute, and parts of Antarctica, principally Marie Byrd Land.

Doctrine

In international law, terra nullius is territory which belongs to no state. Sovereignty over territory which is terra nullius can be acquired by any state by occupation. According to Oppenheim: "The only territory which can be the object of occupation is that which does not already belong to another state, whether it is uninhabited, or inhabited by persons whose community is not considered to be a state; for individuals may live on as territory without forming themselves into a state proper exercising sovereignty over such territory."

Occupation of terra nullius is one of several ways in which a state can acquire territory under international law. The other means of acquiring territory are conquest, cession by agreement, accretion through the operations of nature, and prescription through the continuous exercise of sovereignty.

History

Although the term terra nullius was not used in international law before the late nineteenth century, some writers have traced the concept to the Roman law term res nullius, meaning nobody's thing. In Roman law, things that were res nullius, such as wild animals (ferae bestiae), lost slaves and abandoned buildings could be taken as property by anyone by seizure. Benton and Straumann, however, state that the derivation of terra nullius from res nullius is "by analogy" only.

Sixteenth century writings on res nullius were in the context of European colonisation in the New World and the doctrine of discovery. In 1535, Domingo de Soto argued that Spain had no right to the Americas because the lands had not been res nullius at the time of discovery. Francisco de Vitoria, in 1539, also used the res nullius analogy to argue that the indigenous populations of the Americas, although “barbarians”, had both sovereignty and private ownership over their lands, and that the Spanish had gained no legal right to possession through mere discovery of these lands. Nevertheless, Vitoria stated that the Spanish possibly had a limited right to rule the indigenous Americans because the latter “are unsuited to setting up or administering a commonwealth both legitimate and ordered in human and civil terms.”

The term terra nullius was adopted by the International Court of Justice in its 1975 Western Sahara advisory opinion. The majority wrote, "'Occupation' being legally an original means of peaceably acquiring sovereignty over territory otherwise than by cession or succession, it was a cardinal condition of a valid 'occupation' that the territory should be terra nullius – a territory belonging to no-one – at the time of the act alleged to constitute the 'occupation'." The court found that at the time of Spanish colonisation in 1884, the inhabitants of Western Sahara were nomadic but socially and politically organised in tribes and under chiefs competent to represent them. According to State practice of the time the territory therefore was not terra nullius.

Current claims of terra nullius

Simplified map showing Egypt's territory (yellow), the Sudan's territory (blue), the disputed Halaib Triangle (light green) and Wadi Halfa Salient (dark green), and the unclaimed Bir Tawil (white).

There are three current instances where land is sometimes claimed to be terra nullius: Bir Tawil bordering Egypt and the Sudan, four small areas along the Croatia–Serbia border, and Marie Byrd Land in Antarctica.

Bir Tawil

Between Egypt and the Sudan is the 2,060 km² (800 sq mi) landlocked territory of Bir Tawil, which was created by a discrepancy between borders drawn in 1899 and 1902. One border placed Bir Tawil under the Sudan's control and the Halaib Triangle under Egypt's; the other border did the reverse. Each country asserts the border that would give it the much larger Halaib Triangle, to the east, which is adjacent to the Red Sea, with the side effect that Bir Tawil is unclaimed by either country (each claims the other owns it). Bir Tawil has no settled population, but the land is used by Bedouins who roam the area.

Gornja Siga and other pockets

The Croatia–Serbia border dispute in the Bačka and Baranja area. The Croatian claim corresponds to the red line, while the Serbian claim corresponds to the course of the Danube.     Under Serbian control, claimed by Croatia     Under de facto Croatian control, although not claimed by either Croatia or Serbia

Croatia and Serbia dispute several small areas on the east bank of the Danube. However, four pockets on the western river bank, of which Gornja Siga is the largest, are not claimed by either country. Serbia makes no claims on the land while Croatia states that the land belongs to Serbia. Croatia states that the disputed area is not terra nullius and they are negotiating with Serbia to settle the border.

Marie Byrd Land

Marie Byrd Land

While several countries made claims to parts of Antarctica in the first half of the 20th century, the remainder, including most of Marie Byrd Land (the portion east from 150°W to 90°W), has not been claimed by any sovereign state. Signatories to the Antarctic Treaty of 1959 agreed not to make such claims, except the Soviet Union and the United States, who reserved the right to make a claim.

An undefined area from 20°W to 45°E was historically considered potentially unclaimed; the Norwegian claim in Queen Maud Land was interpreted as covering the coastal regions, but not continuing all the way to the South Pole. In 2015, the claim was extended to reach as far as 90°S.

See also

In Spanish: Terra nullius para niños

Appropriation concepts