Res nullius
Encyclopedia
Res nullius is a Latin term derived from Roman law
whereby res (an object in the legal sense, anything that can be owned, even a slave, but not a subject in law such as a citizen) is not yet the object of rights of any specific subject. Such items are considered ownerless property and are usually free to be owned. It is related to Occupatio
.
Examples of res nullius in the socio-economic sphere are wild animals or abandoned property. Finding can also be a means of occupation (i.e. vesting ownership), since a thing completely lost or abandoned is res nullius, and therefore belonged to the first taker. Specific legislation may be made, e.g. for beachcombing
.
, 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 "carving up" of 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".
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
whereby res (an object in the legal sense, anything that can be owned, even a slave, but not a subject in law such as a citizen) is not yet the object of rights of any specific subject. Such items are considered ownerless property and are usually free to be owned. It is related to Occupatio
Occupatio
Occupatio, literally "seizing", is the rhetorical figure of bringing up and responding to a counterpoint before the opponent has the chance to make it...
.
Examples of res nullius in the socio-economic sphere are wild animals or abandoned property. Finding can also be a means of occupation (i.e. vesting ownership), since a thing completely lost or abandoned is res nullius, and therefore belonged to the first taker. Specific legislation may be made, e.g. for beachcombing
Beachcombing
Beachcombing and beachcomber are words with multiple, but related, meanings that have evolved over time.A beachcomber is someone who "combs" the beach, and the intertidal zone in general, looking for things of value, interest or utility....
.
Scope
In English common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, 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
Terra nullius
Terra nullius is a Latin expression deriving from Roman law meaning "land belonging to no one" , which is used in international law to describe territory which has never been subject to the sovereignty of any state, or over which any prior sovereign has expressly or implicitly relinquished...
, whereby a nation
Nation
A nation may refer to a community of people who share a common language, culture, ethnicity, descent, and/or history. In this definition, a nation has no physical borders. However, it can also refer to people who share a common territory and government irrespective of their ethnic make-up...
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 "carving up" of Africa by the European powers (see Scramble for Africa
Scramble for Africa
The Scramble for Africa, also known as the Race for Africa or Partition of Africa was a process of invasion, occupation, colonization and annexation of African territory by European powers during the New Imperialism period, between 1881 and World War I in 1914...
). 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".