The Creation of States in International Law (2nd edn)
Contents
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6.1 General considerations 6.1 General considerations
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6.2 The status of indigenous communities 6.2 The status of indigenous communities
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(1) Statehood of indigenous communities (1) Statehood of indigenous communities
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(2) Legal personality of indigenous communities not regarded as States (2) Legal personality of indigenous communities not regarded as States
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6.3 Acquisition of territory from indigenous communities 6.3 Acquisition of territory from indigenous communities
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(1) Status of aboriginal treaties of cession (1) Status of aboriginal treaties of cession
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(2) Legal effects of aboriginal treaties (2) Legal effects of aboriginal treaties
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(3) Grants of territory to private persons (3) Grants of territory to private persons
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(4) Conclusions (4) Conclusions
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6.4 Original occupation of territory by a new State 6.4 Original occupation of territory by a new State
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(1) Liberia (1) Liberia
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(2) The Boer Republics (2) The Boer Republics
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(3) The Free State of the Congo (3) The Free State of the Congo
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(4) Israel (4) Israel
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(5) Taiwan (5) Taiwan
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6.5 Original acquisition and indigenous rights 6.5 Original acquisition and indigenous rights
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6 Original Acquisition and Problems of Statehood
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Published:15 March 2007
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Abstract
The question of the legal status of indigenous groups and other polities outside the ambit of the European political system was one of the great initial issues of international law. Victoria's De Indis et de Jure Belli Relectiones (1532), written to vindicate the private and public rights of the Central American Indians, is only the best known work of an extensive literature. The point of the debate was twofold: to examine the moral propriety of European actions and to determine the legal effect of the various transactions of the explorers and colonisers. Given the relatively non-peremptory nature of international law at the time, the former was the more important issue. Nevertheless, State practice, with at least some consistency, did attach significance to the legal incidents of the acquisition of territory from and the government of indigenous States and other entities in the Americas, Africa, and Asia.
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