Document Type

Article

Publication Date

2011

Publication Source

Seattle University Law Review

Abstract

In Johnson v. McIntosh, John Marshall proclaimed that European discovery of America “gave exclusive title to those who made it . . . .” 21 U.S. 543, 574 (1823). Marshall presented a revised version of the discovery doctrine in Worcester v. Georgia, 31 U.S. 515 (1832), yet it is Johnson that remains the leading decision on native property rights in the United States. The Johnson discovery rule has not only diminished native rights in the United States, but has also influenced the definition of indigenous land rights in Australia, Canada, and New Zealand.

This Article sheds light on how the American doctrine of discovery has influenced the rights of the Australian Aborigines, the Mâori of New Zealand, and the First Nations of Canada. The Article also discusses the significance of the United Nation’s Declaration on the Rights of Indigenous Peoples, which affirms indigenous peoples’ rights to land and resources. Although Australia, Canada, New Zealand, and the United States voted against the 2007 Declaration, each country has reconsidered its position.

Inclusive pages

507-551

ISBN/ISSN

1078-1927

Document Version

Published Version

Comments

This document has been made available for download with permission of the publisher. Contact the publisher for subscription information.

Permission documentation is on file.

Publisher

Seattle University School of Law

Volume

34

Issue

2

Volume

34

Issue

2

Place of Publication

Seattle, WA

Peer Reviewed

yes


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