tailieunhanh - European Conquest and the Rights of Indigenous Peoples Part 5

Ủy ban đã soạn thảo một phát thảo tổng hợp trong lần họp thứ ba của mình vào tháng 5 - tháng 6 năm 1948 trong đó tập hợp ý kiến của các chính phủ. Nó không ghi thời gian tiến hành thực hiện nhưng có thể xem như là một công ước ước hay các câu hỏi cho bản hướng dẫn thực hiện. | Dispossession and international law peoples leading the life of hunter gatherers did not according to Vattel have a right to all of the land over which they roamed and might have considered to be their own. In a later chapter Vattel directly addresses the specific question of a nation establishing itself in another land. Like Locke before him Vattel argues that the earth belongs to mankind in general 67 but as population grew cultivation became necessary and from this came the rights of property and dominion . The right that had been common to all mankind was then progressively restricted to what each lawfully possesses as a result of cultivation. This in turn determines the meaning Vattel gives to whether or not a country was occupied. An unoccupied country is one that is not cultivated and in which the inhabitants are not united into a political society. All mankind have an equal right to things that have not yet fallen into the possession of any one and those things belong to the person who first takes possession of them. When therefore a nation finds a country uninhabited and without an owner it may lawfully take possession of it and after it has sufficiently made known its will in this respect it cannot be deprived of it by another nation. Once again the possession of anyone and uninhabited meant settled and cultivated in the European manner. It tells us nothing about whether or not there actually were indigenous inhabitants. Indeed throughout the expansion of Europe there must have been very few places on earth that were genuinely uninhabited. Nevertheless Vattel continues by stating that when navigators took possession of uninhabited lands in the name of their sovereign they established at the same time title which was respected provided it was soon after followed by real possession .68 Real possession meant effective occupation and his view was that the Law of Nations does not acknowledge the property and sovereignty of a nation over any uninhabited .