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48 U.B.C. L. Rev. 701 (2015)
The Durability of Terra Nullius: Tsilhqot'in Nation v. British Columbia

handle is hein.journals/ubclr48 and id is 723 raw text is: 




                        JOHN BORROWSt

Indigenous  peoples  across the world have long  critiqued the idea that
their lands were legally vacant when Europeans  arrived on their shores.
Nevertheless, many   countries with significant Indigenous  populations
were  subject to legal regimes  that confiscated Indigenous   lands and
destabilized their decision-making powers.2 Though  never perfected,, the

    Professor John Borrows, BA, MA, JD, LLM, PhD, LLD (Hons), FRSC, IPC, of the
    Chippewas of the Nawash First Nation, Canada Research Chair in Indigenous Laws,
    University of Victoria Faculty of Law. I would like to acknowledge the following
    individuals for their feedback on earlier drafts of this paper: Hannah Askew, Ben
    Berger, Lindsay Borrows, Carwyn Jones, Aaron Mills, and Kerry Wilkins. A short,
    skeletal version of the following ideas appeared in John Borrows, Aboriginal Title in
    Tsilhqot'in v. British Columbia [2014] SCC 44, online: Maori L Rev (August 2014)
    See Robert J Miller et al, Discovering Indigenous Lands: The Doctrine ofDiscovery in
    the English Colonies (Oxford: Oxford University Press, 2010); Lindsay G Robertson,
    Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of
    Their Lands (New York: Oxford University Press, 2005); Robert A Williams, Jr, The
    American Indian in Western Legal Thought: The Discourses of Conquest (New York:
    Oxford University Press, 1990).
2   See Permanent Forum on Indigenous Issues, Preliminary study of the impact on
   indigenous peoples of the international legal construct known as the Doctrine of
   Discovery, UNECOSOCOR, 2010, UN Doc E/C19/2010/13, online:
   For a discussion of the legally pluralistic histories of encounter, see Lauren Benton,
   Law   and Colonial Cultures: Legal Regimes in World History, 1400-1900



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