Unraveling the International Law of Colonialism: Lessons From Australia and the United States

Miller, R; Hobbs, H

Unraveling the International Law of Colonialism: Lessons From Australia and the United States

Miller, R Hobbs, H

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Publisher:: University of Michigan Law Library
Publication Type:: Journal Article
Citation:: Michigan Journal of Race & Law, 2023, (28.2), pp. 271-271
Issue Date:: 2023

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Field	Value	Language
dc.contributor.author	Miller, R
dc.contributor.author	Hobbs, H https://orcid.org/0000-0001-9903-6908
dc.date.accessioned	2024-04-19T01:59:00Z
dc.date.available	2024-04-19T01:59:00Z
dc.date.issued	2023
dc.identifier.citation	Michigan Journal of Race & Law, 2023, (28.2), pp. 271-271
dc.identifier.issn	1095-2721
dc.identifier.issn	2688-5492
dc.identifier.uri	http://hdl.handle.net/10453/178069
dc.description.abstract	<jats:p>In the 1823 decision of Johnson v. M’Intosh, Chief Justice John Marshall formulated the international law of colonialism. Known as the Doctrine of Discovery, Marshall’s opinion drew on the practices of European nations during the Age of Exploration to legitimize European acquisition of territory owned and occupied by Indigenous peoples. Two centuries later, Johnson—and the international law of colonialism—remains good law throughout the world. In this Article we examine how the Doctrine of Discovery was adapted and applied in Australia and the United States. As Indigenous peoples continue to press for a re-examination of their relationships with governments, we also consider whether and how the international law of colonialism has been mitigated or unraveled in these two countries. While we find that the Doctrine lingers, close examination provides several important lessons for all Indigenous nations and governments burdened by colonization.</jats:p>
dc.language	en
dc.publisher	University of Michigan Law Library
dc.relation.ispartof	Michigan Journal of Race & Law
dc.relation.isbasedon	10.36643/mjrl.28.2.unraveling
dc.rights	info:eu-repo/semantics/openAccess
dc.subject	1801 Law
dc.subject.classification	4804 Law in context
dc.title	Unraveling the International Law of Colonialism: Lessons From Australia and the United States
dc.type	Journal Article
utslib.for	1801 Law
pubs.organisational-group	University of Technology Sydney
pubs.organisational-group	University of Technology Sydney/Faculty of Law
utslib.copyright.status	open_access	*
dc.date.updated	2024-04-19T01:58:58Z
pubs.issue	28.2
pubs.publication-status	Published
utslib.citation.issue	28.2

Abstract:

In the 1823 decision of Johnson v. M’Intosh, Chief Justice John Marshall formulated the international law of colonialism. Known as the Doctrine of Discovery, Marshall’s opinion drew on the practices of European nations during the Age of Exploration to legitimize European acquisition of territory owned and occupied by Indigenous peoples. Two centuries later, Johnson—and the international law of colonialism—remains good law throughout the world. In this Article we examine how the Doctrine of Discovery was adapted and applied in Australia and the United States. As Indigenous peoples continue to press for a re-examination of their relationships with governments, we also consider whether and how the international law of colonialism has been mitigated or unraveled in these two countries. While we find that the Doctrine lingers, close examination provides several important lessons for all Indigenous nations and governments burdened by colonization.

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http://hdl.handle.net/10453/178069