The Doctrine of Discovery

The International Law of Colonialism

Bibliographic Data

ID7990552
AuthorsRobert J Miller (0000-0002-8350-3759, corresponding author)
Year2019
Volume5
Issue1
Publication date2019-01-01
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueIndigenous peoples' journal of law, culture, & resistance (JOURNAL)
Journal identifiersISSN: 2572-0864 • E-ISSN: 2575-4270
PublisherCalifornia Digital Library (CDL) (PUBLISHER)
DOI10.5070/p651043048
OpenAlexW3122828066
LanguageEN
Citations received8

Indigenous Peoples around the world have been seriously and negatively impacted by the international law of colonialism, which is known today as the Doctrine of Discovery. 1 The Doctrine was developed primarily in the fifteenth century by Spain, Portugal, England, and the Church. 2 The Doctrine is not just an interesting relic of world history but instead remains an applicable principle in many countries and also continues to limit the human, sovereign, commercial, and property rights of Indigenous Peoples and their governments.The Doctrine was used by European nations to justify their desires to acquire riches and empires around the world.The European powers primarily justified these acquisitions and their ambitions by ethnocentric allegations of cultural, racial, governmental, and religious superiority over the rest of the world.Indigenous Nations and Peoples, and everyone for that matter, need to understand how this international law of colonialism was developed, how it was justified, how it was used to subjugate Indigenous Peoples, how it was used to steal Indigenous lands, assets, and rights, and how it has impacted Indigenous Peoples from the onset of colonization to the present day

Colonialism · Doctrine · Law and economics · Political science · Sociology · International Labor and Employment Law · International Law and Human Rights · International Maritime Law Issues · Law · Philosophy

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