Territories that do not belong to any state. An American farmer created a new country in Africa and declared himself king
Usage of the term in Australia
British migration to Australia began in 1788 with the founding of the colony of New South Wales. One of the most known cases litigation for terra nullius there was a request british empire on the legitimacy of her claims to the Australian continent. At the same time, all Aborigines of Australia were declared subjects of the British Crown, who were subject to British law. Local laws and customs were considered invalid.
This concept remained in Australian law until 1992, when the High Court of Australia overturned the concept terra nullius. Aborigines received the right to live according to their own laws and customs. Thus, in Australia there are two legal systems: traditional and Anglo-Australian.
In other cases
West Sahara
Scarborough Reef
This group of islands is located in the South China Sea and is the subject of a territorial dispute between the PRC, Taiwan, and the Philippines.
The Philippines claims the islands on the basis that Scarborough Reef is terra nullius and is located in their exclusive economic zone. The PRC claims that Chinese fishermen discovered the island as early as the 13th century, and therefore the reef is Chinese territory.
Greenland
see also
Links
- Indigenous property rights in North America, Australia and New Zealand (Russian)
- S. Sokolovsky. Category "indigenous peoples" in Russian politics, legislation and science (Russian)
- Mabo Day in Australia (Russian)
- Stuart Banner: Why Terra Nullius? Anthropology and Property Law in Early Australia// Law ans history review (English)
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Terra nullius- Die Artikel Terra Nullius und Niemandsland überschneiden sich thematisch. Hilf mit, die Artikel besser voneinander abzugrenzen oder zu vereinigen. Beteilige dich dazu an der Diskussion über diese Überschneidungen. Bitte entferne diesen Baustein ... ... Deutsch Wikipedia terra nullius- ˌterənəˈlēəs, ˈnu̇lē noun Etymology: New Latin, literally, nobody s land: territory not annexed by any nation the greater portion of Antarctica … is still terra nullius L.M.Gould * * * terra nullius noun (L, nobody s land) land that is not part… … Useful english dictionary terra nullius- /tɛrə ˈnʊliəs/ (say teruh nooleeuhs) noun 1. uninhabited territory belonging to no state. 2. inhabited territory belonging to no state, and held not to be a state in itself, that is, having a population without a formalized political organization … Australian English dictionary Terra nullius- Historia de Australia Las fechas de la primera llegada de habitantes a Australia está aún sujeta a discusión. Existe fuerte evidencia de que alrededor de 42,000 a 48,000 años atrás, hubo un período de masivo cambio ecológico en Australia que se… … Enciclopedia Universal Terra nullius- Ter|ra nul|li|us die; aus gleichbed. lat. terra nullius Niemandsland, zu keinem Staat gehörendes Gebiet … Das große Fremdwörterbuch terra nullius- noun /ˈtɛrə nʌˈlaɪ.əs/)/ Empty land; land not legally belonging to anyone … Wiktionary | ||||
Antarctica (not to be confused with Atlantis) is a continent that does not belong to any state in the world. It was proclaimed the continent of peace and science. And all why?
Where is Antarctica
The fact that this is the coldest is not a secret even for a schoolboy. From curriculum It is also known in which hemisphere Antarctica is located. The equator divides our planet into two parts, and in its southern part is this majestic realm of ice.
Southern white land
It is unlike any other continent on our planet. Endless desert lands covered with a huge layer of ice, with raging winds and eternal snows. What hemisphere is Antarctica in? In the South. But for a person from the northern latitudes, the south is certainly associated with warmth and sun. Here it's the other way around. Interestingly, the sunrise in this part of the world can be seen only once a year. In summer, it constantly illuminates the desert glaciers, only along the edge inhabited by penguins, seals and birds that can survive in those conditions. In the winter months, the polar night sets in on the mainland, which lasts 176 days. Do not think that only the above animals live there, because there is even room for plants. Yes, mosses and lichens grow here, in total more than 380 species, some species of mushrooms. There are beetles and worms, crustaceans. Fish are found in the waters, which are the main food for penguins and seals. In general, for such harsh conditions, the fauna and flora are very diverse.
Antarctica is located at the south pole and, together with all the islands that are scattered around it up to 50 o -60 o south latitude, occupies the area called Antarctica. The prefix "anti" means "against", which means "against the Arctic". This name was given based on the hemisphere in which Antarctica is located relative to the previously named other cold part of the world located on Although long before Antarctica was discovered, mankind suspected that there was a mainland somewhere in the extreme south of the Earth. However, for some reason they hoped that there were huge deposits of gold there, even the name was given - the Unknown Southern Land. Already now, after hundreds of years of research, it is clear that there are no gold reserves in huge quantities, except to consider it a jewel. great amount fresh water frozen.
Russians and Antarctica
The hemisphere in which Antarctica is located played an important role in its study, especially by Russian scientists. Huge experience in work at the North Pole affected, and it was the Russians who first discovered the continent. It was the Russians who were able to build many research stations in a short time in the last century in harsh conditions. Even Orthodox Church Holy Trinity is. By the way, the first wedding was already held there between a Russian woman and a Chilean working together in these cold mysterious lands.
Many names of Russian explorers are immortalized in these lands, and a large number of places bear Russian names.
So why doesn't Antarctica belong to any state?
This decision was made on December 1, 1959 due to how important this continent is for the planet. If suddenly all the ice that exists in this area melts, then life in other parts of the world will change dramatically. The sea level will rise by 60 meters, and this is fraught with the disappearance of many countries or their parts from the face of the Earth. So, the state of Florida, Venice, the countries of Denmark, the Baltic states will go under water. Crimea will become an island, much smaller than it is now, and Australia will become a sea altogether. What can we say about the climate, in the creation of which Antarctica plays a role commensurate with the Gulf Stream. Therefore, it is better not to violate the structure and integrity of the mainland.
The place where Antarctica is located is invaluable for scientific and research activities, including for the study of space and the influence of the Sun on our planet. different states lead on the continent only scientific work and share their experiences with each other, as mandated by the 1991 Madrid Protocol. Where Antarctica is located, people do not live permanently. Scientists spend no more than a year in these places, and then they are replaced by others. And the fact that Antarctica is at the Pole should not be misleading: it is far from being a nice, warm southern country.
In the jurisdiction there is the concept of territorial waters - this is the sovereign territory of the state.
The UN International Convention on the Law of the Sea defines a strip of coastal waters - the territorial sea of the state.
This is a 12 nautical miles (22.2 km; 13.8 mi) strip from the coastal state.
Land (islands, cliffs, reefs) in the territorial sea belongs to a particular state.
This sovereignty also extends to the airspace above the sea and to the seabed within the coastal strip. Boundary correction, in international law, is called maritime boundary delimitation.
Foreign ships (military and civilian) are allowed to pass through territorial waters in peacetime.
The term "territorial waters" is sometimes informally used to describe any area of water over which a state has jurisdiction, including internal waters, the contiguous zone, the exclusive economic zone, and the potential continental shelf.
But let it be known to you that there are lands and waters that do not belong to anyone - not to any state!
Such territories are referred to as "international waters" or "transboundary waters"
Oceans, seas, and large ecosystems - in cases where they go beyond international boundaries, are outside national jurisdiction.
To be on the high seas, which in Latin is called Liberum (free sea) - for ships this means that they are under the jurisdiction of the state whose state flag flies over them (over the vessel), if any.
However, when a ship engages in piracy, any country may exercise jurisdiction over the pirates, in accordance with the doctrine of universal jurisdiction.
International waters can be compared to the territories of exclusive economic zones.
There are disputed lands and disputed international waters:
- Northern Arctic Ocean. Canada, Denmark, Russia and Norway claim parts of the Arctic seas as national waters or inland waters. Most of the countries of the European Union and the countries of the United States, contrary to these claims, officially treat the entire region as international waters.
- South ocean. Australia claims an exclusive economic zone (EEZ) around Antarctica and has its own Antarctic territorial claims. Because this claim is recognized by only four other countries, the EEZ claims remain controversial.
In addition to official disputes, the Somali government exercises de facto control over Somali territorial waters - piracy, illegal dumping and fishing without permission.
Water often becomes a source of conflict. Control water resources is a matter of cooperation between countries. Such cooperation will benefit the participating countries and become a catalyst for socio-economic development.
The era of the great geographical discoveries unfortunately it's already over. There is no longer land on the surface of the Earth that has not yet been discovered. However, all is not yet lost. For example, a new island may appear in the World Ocean as a result of volcanic activity. If it is located outside someone's territorial waters and economic zone, then it is quite possible to claim it. On such an island, you can create, for example, military base. Therefore, some states, primarily the United States, are closely monitoring the processes of natural occurrence of such islands.
A separate issue is artificial land. If it occurs within the territorial waters, its owner is predetermined. For example, the Ganges delta grows by two hundred meters every year. This new land falls under the jurisdiction of India. The same applies to the Netherlands. Artificial islands are being built in Dubai. They are also close to the shore and originally belong to the one who created them.
A separate issue is the creation of artificial islands by China. Here questions already arise, since the Chinese thus create the basis for their territory far from their coast. And such land implies the existence of economic rights around it, and at a distance of two hundred nautical miles. Enough big square, agree. AND we are talking about areas potentially rich in oil and gas.
You can also mention Antarctica. Some states claim sectors there. Others, including Russia and the United States, do not recognize these claims. In 1961, the Antarctic Treaty was concluded, which "frozen" these claims. In general, no one in the world has challenged this agreement yet. Although it should not formally create obligations for states that do not participate in it. If you try to start settling in some areas of the Antarctic, then both those who made claims and those who disagree with them will immediately object.
You will laugh, but the question of settling the ice spaces of the Arctic has not yet been formally resolved. Ice, of course, is not land. But at the beginning of the twentieth century, the tsarist government of Russia sent a note to other countries, where it indicated that it claimed all the lands, both discovered and not yet discovered, within the sector in the Arctic. Soviet government went further and in 1926 slightly changed the text of this note. As a result, the USSR began to lay claim not only to land, but also to ice, and the designation of the boundaries of Soviet polar possessions appeared on Soviet maps, very similar to the state border. If later it turned out that the ice in the Arctic is motionless, then it would most likely be considered as land. But it turned out that this was not the case. Now these Soviet claims have not yet been formally lifted, but they have been severely undermined by existing practice, especially the delimitation of maritime spaces in the Bering and Barents Seas. The 1982 UN Convention on the Law of the Sea also dealt a certain blow to this concept.
In the nineteenth century, a concept was formed in which cases it can be considered that the state claims no one's land. This requires a soldier, a flag and a formal claim. That is, it is necessary not only to lay claim to the land, but also to ensure its effective occupation. It is in the development of this concept that flags are set on seabed and on the moon. Such flags or pennants are not just random symbols.
Yes, there are two such places.
First - Land Mary Byrd in the west of Antarctica. It is so far away that no government seems to need it.
This broad band extends from South Pole to the coast of Antarctica and covers 1,610,000 sq. km of the earth's surface. It is larger than Iran or Mongolia, but it is so inhospitable that it has only one permanent base - the American one. Mary Byrd Land is named after the wife of U.S. Navy Rear Admiral Richard E. Byrd (1888-1957), who first explored it in 1929. A remote research station in Antarctica inspired John Carpenter to create the cult horror film "The Thing" (« The Thing") (1982).
The administration of the rest of the territory of Antarctica is carried out by twelve states in accordance with the agreement signed in 1961. the Antarctic Treaty”, according to which the continent is declared a scientific reserve, and any military activity within its borders is strictly prohibited.
The largest territories belong to the countries that first explored the continent (Britain, Norway, France), and those that are closest to Antarctica (New Zealand, Australia, Chile and Argentina). The ocean beyond the land of Mary Byrd extends all the way to the desert regions of the South Pacific region, where no country can simply lay claim to it, referring to the geographical proximity.
The legal term for a territory not under the sovereignty of any state is Terra nullius, literally: "no man's land". And while Mary Byrd's land is the largest example of "no man's land" remaining today, there is another piece in Africa that could claim the same status.
Bir Tawil Triangle lies between two states, Egypt and Sudan, and does not belong to either of them. In 1899, when the area was under British control, Britain established the border between the two countries by drawing a straight line on a map of the desert. So the Bir Tawil region ended up in Sudan, and Egypt got a neighboring piece - the Halaiba triangle. In 1902, the border was redrawn (with a winding line), and Bir-Tawil (translated from Arabic as “well”, “source of water”) went to Egypt, and the Halayib triangle to Sudan.
By size Bir Tawil is not inferior to the county of Buckinghamshire (2000 sq. Km), and it is quite possible to assume that both countries simply had to get involved in a bloody conflict for it, but this is not so. Both sides need Khalayib - fertile, populated. It is located on the coast of the Red Sea and is ten times larger than Bir Tawil covered with stones and sand. At present, this region is controlled by Egypt, which refers to the border of 1899; Sudan, on the other hand, disputes the claims of the Egyptians, referring to the amendment of 1902. Both countries refuse Bir Tawil for the same reason.
The most disputed territory in the world- Spratly Islands. An archipelago of 750 uninhabited islets in the South China Sea is four square kilometers of land scattered across a sea area of 425,000 square meters. km. A rich fishing area and a potential center for oil and gas production, the Spratly Islands are not without reason contested by six states at once: Vietnam, China, Taiwan, Malaysia, the Philippines and Brunei. Apart from Brunei, everyone else maintains a military presence in the region.
To strengthen its claims, the Philippines sponsors the residence of an entire group of government employees on one of the islands. But even with a “shift” mode of operation, a business trip to the Spratly does not cause much enthusiasm: the charm of a tropical rock, which can be bypassed in thirty minutes, quickly fades.