Native American Lawsuit Sheds Light On Dark Aspect Of US History
“The doctrine of discovery refers to a principle in public international law under which, when a nation ‘discovers’ land, it directly acquires rights on that land,” according to a definition offered by Cornell Law School’s Legal Information Institute. “This doctrine arose when the European nations discovered non-European lands, and therefore acquired special rights.”
“More broadly, the doctrine of discovery can be described as an international law doctrine giving authorization to explorers to claim terra nullius [‘uninhabited’ land]… in the name of their sovereign when the land was not populated by Christians.”