Terra nullius is a Latin expression meaning "nobody's land", and is a principle sometimes used in international law to describe territory that may be acquired by a state's occupation of it.
Terra Nullius effect on micronations is enormous. In history a lot of man wanted to become the owners or the governors of a territory which they don't own. In the past this situation was very typical. Each time a big empire conquered territories around the world, they conquered because of the ''excuse'' of Terra Nullius. These territory has not owner, so I will occupy it and I will be the new owner. Thanks to the end of colonization, Terra Nullius has been a term not so used in the 20th century as it was in the past. Perhaps 20th Century politicians though that this term would dissapear in the future. But If they thought that, it is not correct. Our world of the 21st Century, continues having man and woman who want to have territories only by occupying it. A lot of micronations have born due to the Terra Nullius. Thanks to our technologies like Internet, more and more micronationalists are employing this term to cliam territories. So if historians thought that this term will be obsoled in the future, there were wrong. Terra Nullius will continue being an intersting term, more and more used in the future, so it is not only a term of the past.
Claims of terra nullius
Several territories have been claimed to be terra nullius. In a minority of those claims, international and domestic courts have ruled on whether the territory is or was terra nullius or not.
Bir Tawil is an example of a territory often claimed to be terra nullius. Between Egypt and 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 Sudan's control and the Hala'ib Triangle under Egypt's; the other border did the reverse. Both countries assert the border that lets them claim Hala'ib, which is significantly larger and next to the Red Sea, with the side effect that Bir Tawil is unclaimed by either nation. The area is, however, under the de facto control of Egypt, although it is not shown on official Egyptian maps. Bir Tawil has no settled population but the land is used by Bedouins who roam the area.
In June 2014, Jeremiah Heaton planted a flag in Bir Tawil to claim the region as a new sovereign state, the Kingdom of North Sudan, and subsequently announced the establishment of self-styled "embassies" elsewhere in the world. However, no governmental entity has recognized this claim.
Territorial claims in Antarctica, with the unclaimed part of West Antarctica shown in off-white. In the purple Norwegian sector the area near the South Pole may be unclaimed because in 2015 Norway extended its claim to include it, a violation of the Antarctic Treaty.
Another example of terra nullius is Antarctica. While several countries have 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 nation. 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.
Australian Aborigines had inhabited Australia for over 50,000 years before European settlement, which commenced in 1788. Indigenous customs, rituals and laws were unwritten. It has been claimed that Australia was considered terra nullius at the time of settlement.
In 1971, in the controversial case of Milirrpum v Nabalco Pty Ltd, popularly known as the Gove land rights case, Justice Richard Blackburn ruled that Australia had been considered "desert and uncultivated" (a term which included territory in which resided "uncivilized inhabitants in a primitive state of society") before European settlement, and therefore, by the law that applied at the time, open to be claimed by right of occupancy, and that there was no such thing as native title in Australian law. The concept of terra nulliuswas not considered in this case, however. Court cases in 1977, 1979, and 1982 – brought by or on behalf of Aboriginal activists – challenged Australian sovereignty on the grounds that terra nullius had been improperly applied, therefore Aboriginal sovereignty should still be regarded as being intact. The courts rejected these cases, but the Australian High Court left the door open for a reassessment of whether the continent should be considered "settled" or "conquered". Later, on 1 February 2014, the traditional owners of land on Badu Island received freehold title to 10,000 hectare in an act of the Queensland Government.
In 1982, Eddie Mabo and four other Torres Strait Islanders from Mer (Murray Island) started legal proceedings to establish their traditional land ownership. This led to Mabo v Queensland (No 1). In 1992, after ten years of hearings before the Queensland Supreme Court and the High Court of Australia, the latter court found that the Mer people had owned their land prior to annexation by Queensland. The ruling thus had far-reaching significance for the land claims of both Torres Strait Islanders and other Indigenous Australians.
The controversy over Australian land ownership erupted into the so-called "History wars."
Scotland or Great Britain, the Netherlands, and Denmark–Norway all claimed sovereignty over the archipelago of Svalbard in the seventeenth century, but none permanently occupied it. Expeditions from each of these polities visited Svalbard principally during the summer for whaling, with the first two sending a few wintering parties in the 1620s and 1630s.
During the 19th century, both Norway and Russia made strong claims to the archipelago. In 1909, Italian jurist Camille Piccioni described Spitzbergen, as it was then known, as terra nullius:
The issue would have been simpler if Spitzbergen, until now terra nullius, could have been attributed to a single state, for reasons of neighbouring or earlier occupation. But this is not the case and several powers can, for different reasons, make their claims to this territory which still has no master.
The territorial dispute was eventually resolved by the Svalbard Treaty of 9 February 1920 which recognized Norwegian sovereignty over the islands.
Norway occupied and claimed parts of (then uninhabited) Eastern Greenland in 1931, claiming that it constituted terra nullius. They called the territory Erik the Red's Land. The matter was decided by the Permanent Court of International Justice against Norway. The Norwegians accepted the ruling and withdrew their claim.
The Philippines and the People's Republic of China both claim the Scarborough Shoal or Panatag Shoal or Huangyan Island, nearest to the island of Luzon, located in the South China Sea. The Philippines claims it under the principles of terra nullius and EEZ (Exclusive Economic Zone). China's claim refers to its discovery in the 13th century by Chinese fishermen. The former Nationalist government on the Chinese mainland had also claimed this territory after the founding of the Republic of China in 1911. However, despite China's position of non-participation based on the UNCLOS, the 2016 PCA denied the lawfulness of China's "Nine Dash Line" claim. Despite this, China continues to build artificial islands in the South China Sea and Scarborough Shoal is a prime location for another one. Chinese ships have been seen in the vicinity of the shoal. Observers of the photos have concluded that the ships lack dredging equipment and therefore represent no imminent threat of reclamation work.
South Island of New Zealand
In 1840, Lieutenant William Hobson, following instructions of the British government, pronounced the southern island of New Zealand to be uninhabited by civilized peoples, which qualified the land to be terra nullius, and therefore fit for the Crown's political occupation. Hobson's decision was also influenced by a small party of French settlers heading towards Akaroa on Banks Peninsula to settle in 1840.
Joseph Trutch, the first Lieutenant Governor of British Columbia, insisted that First Nations had never owned land, and thus could safely be ignored. It is for this reason that most of British Columbia remains unceded land.
In Guerin v. The Queen, a Supreme Court of Canada decision on aboriginal rights, the Court stated that the government has a fiduciary duty toward the First Nations of Canada and established aboriginal title to be a sui generis right. Since, there has been a more complicated debate and a general narrowing of the definition of "fiduciary duty".
The Guano Islands Act of 18 August 1856 enabled citizens of the U.S. to take possession of islands containing guano deposits. The islands can be located anywhere, so long as they are not occupied and not within the jurisdiction of other governments. It also empowers the President of the United States to use the military to protect such interests, and establishes the criminal jurisdiction of the United States.
Pinnacle Islands (Senkaku/Diaoyu)
A disputed archipelago in the East China Sea, the uninhabited Senkaku Islands, are claimed by Japan to have become part of its territory as terra nullius in January 1895, following the First Sino-Japanese War. However, this interpretation is not accepted by the People's Republic of China (PRC) and the Republic of China (Taiwan), both of whom claim sovereignty over the islands.
Burkina Faso and Niger
A narrow strip of land adjacent to two territorial markers along the Burkina Faso–Niger border was claimed by neither country until the International Court of Justice settled a more extensive territorial dispute in 2013. The former unclaimed territory was awarded to Niger.
The sovereignty of Clipperton Island was settled by arbitration between France and Mexico. King Victor Emmanuel III of Italy rendered a decision in 1931 that " 'the sovereignty of Clipperton Island belongs to France from the date of November 17, 1858.' The Mexican claim was rejected for lack of proof of prior Spanish discovery and, in any event, no effective occupation by Mexico before 1858, when the island was therefore territorium nullius, and the French occupation then was sufficient and legally continuing."
According to Ian Mitchell, Rockall was terra nullius until it was claimed by the United Kingdom in 1955. It was formally annexed in 1972.
One of the few micronations to control a physical location, the Principality of Sealand has existed de facto since 1967 on an abandoned British anti-aircraft gun tower in the North Sea. At the point when it was taken over, the tower had been abandoned by the Royal Navy and was outside British territorial waters. Paddy Roy Bates, who styled himself Prince, claimed that it was terra nullius. Despite rejecting this claim on the basis that the tower is an artificial structure, the British government has never attempted to evict the Sealanders, and a court in 1968 confirmed that at that point, the tower was outside British jurisdiction
At the request of Morocco, the International Court of Justice in 1975 addressed whether West Sahara was terra nullius at the time of Spanish colonization in 1885. The court found in its advisory opinion that West Sahara was not terra nullius at that time.
What about Terra Nullius in International Waters?
International waters have always oppenenned a discussion by libertarians and micronationalists. We can supose, that everything which belongs to everyone, belongs to no one. International waters haven't been claimed by anyone, and everyone can interpret that as a terra nullius. This is what most libertarians think about international waters, and perhaps this is why the Seasteading Institute is a real project where several international investors are giving its trust to them.