Res Nullius - Scope

Scope

In English common law, for example, forest laws and game laws have specified which animals are res nullius and when they become someone's property. Wild animals are regarded as res nullius, and as not being the subject of private property until reduced into possession by being killed or captured. A bird in the hand is owned; a bird in the bush is not. Even bees do not become property until hived.

Res nullius also has an application in public international law, more specifically called terra nullius, whereby a nation may assert control of an unclaimed territory and gain control when one of its citizens (often an exploratory and/or military expedition) enters the territory.

This terra nullius principle justified colonisation of much of the world, as exemplified in the competition for influence within Africa by the European powers (see Scramble for Africa). It is the concept that even though there may be indigenous peoples residing in newly discovered land, it is the right of the more civilised to take the land and put it to good use.

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