What is terra nullis?
- latin expression “nobodys land”
- used by European powers to aquire colonies, regardless of local populations
legal terms of terra nullis
denotes a land territory not claimed by any person, institution, or state
Why are some lands unoccupied?
- agreement prevents it
- lack of strategic interest, expensive access
- claim could trigger conflict
How was it applied by Europeans in past centuries? (use the
example of Australia)
used to justify the settlement of australia by british government
- historians debate on how / when legal concept was applied, likely Captain Cook considered land unknown
Terra Nullis: Captain Cooks view
- viewed Aboriginals as ‘uncivilised’ hunters and gatherers, not recognising forms of settlement and farming
- perspective shared by many colonisers, not all
Terra Nullis: Austrailian agreement
1835
- John Batman (one of ‘founders’ of Melbourne)
- made agreement with Wurundjeri elders to take land in exchange of goods
-> colonial gov. declared treaty invalid because it contradicted principle of terra nullis (indigenous elders dont own land)
Terra Nullis: CASE Gornja Siga
- small area (7 km squared)
- west bank of Danube River (btw. Serbia and Croatia)
- considered terra nullis -> both countries dispute other pockets, neither claims this one
- 2015: Czech politician Vit Jedlička declared “Free Republic of Liberland”
-> not internationally reconigsed
-> only symbolic acknowledgement from Somaliland - opened first embassy, Tenerife, 2018
Terra Nullis: Bir Tawil
- 2060 km squared between Egypt and Sudan
- oil discovered in 2004
- unclaimed bc would weaken each countrys position over Hala’ib Triangle + oil discovery could risk ownership of Hala’ib in case of international mediation
- 2014: American Jeremiah Heaton planted flag + declared “Kingdom of North Sudan”
-> no international recognition
Terra Nullis: Marie Byrd Territory, Antarctica
- large area (1,610,000 km squared)
- 53 states signed Antarctic Treaty
- due to Antarctic Treaty (1959), no land claims occured
Terra Nullis: Marie Byrd Territory, Antarctica Treaty Article
4
no new claim, or enlargement of existing claim, to territorial sovereignty to Antarctica is possible while treaty is enforced
-> no activity from outside treaty is reconigsed by UN
What countries claimed parts of Antarctica? when?
beween 1908/1942
- sections of Antarctica claimed by Britain, France, New Zealand, Australia and Norway
Venezuela: Is it a strong State? Weak, failed,
collapsed?
Failing state
- 2024: Venezuela ranks among the top 30 most fragile states globally (score ≈ 90/120, “High Alert” category)
- lost monopoly over violence, collapsed institutions, and failed economic management
Venezuela FSI Indicators (6)
- Security Apparatus ~9.5
Widespread violence, control by armed militias - Factionalized Elites ~9.3
Power concentrated under Maduro; military and political elite fragmentation - Human Flight and Brain Drain ~9.7
Over 7 million Venezuelans have fled the country since 2015 (UNHCR, 2024) - Economic Decline ~9.8
Hyperinflation (peaking >1,000,000%), collapsed oil sector, GDP shrinkage >70% since 2013 - Public Services ~9.4
Healthcare system collapse, blackouts, water and fuel shortages. - Human Rights and Rule of Law ~9.0
Political repression, arbitrary detentions, no judicial independence.
Venezuela Rotberg’s Public Goods Framework
- Security: Armed gangs and military repression; loss of state monopoly on violence
- Rule of Law: Judiciary controlled by regime; no independent enforcement
- Political Participation: Elections manipulated; opposition disqualified; no democratic legitimacy
- Economic Opportunity: GDP per capita collapse; oil dependence; extreme poverty
- Social Services: Hospitals lack medicines; 3/4 population in poverty; electricity and water unreliable
how does the fragile state index work?
assessing 178 countries based on 12 social, economic, and political indicators, which are scored from 0 to 10
What do Rotbergs public goods framework mean?
a state’s failure to deliver these goods, which he defines as a hierarchy of non-excludable and non-rival services that benefit everyone, is a key cause of state failure
