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Abstract
The idea of whether Australia was conquered under the relevant law in 1788 has plagued commentary on Australia’s legal history since its colonisation – both from an Indigenous and non-Indigenous perspective. This chapter works from the perspective of the recognised sovereignty (under English law) of First Nations from 1788, and the consequential question of whether Australia was conquered. In doing so, it works off the legal test of William Blackstone, which considers both an objective and subjective assessment. The chapter then turns to other English jurists and academic writing, which hold different thresholds for whether a colony was conquered. Overall, the paper finds that regardless of the test applied, Australia was conquered and should be treated as such from a legal perspective – the remedy for which is a treaty.
Abstract
This chapter discusses New Zealand’s gradual acquisition of a separate international legal personality, distinct from that of the United Kingdom, while a self-governing Dominion in the interwar period. Focusing on the period between the end of the First World War and the election of the First Labour Government in 1935, it argues that New Zealand’s approach to external relations and international status in this period was driven by an imperial internationalist outlook on world affairs, in which political and diplomatic leaders primarily perceived international institutions as a means of bolstering imperial interests. In particular, New Zealand’s history of sub-imperial aspirations, in conjunction with its newly-granted administrative Mandate over Samoa, motivated New Zealand participation in the League system, contributing significantly to its emergence as a distinct international actor.