Discovery doctrine
0The discovery doctrine, also called doctrine of discovery, is a concept of public international law expounded by the United States Supreme Court in a series of decisions, most notably Johnson v. M'Intosh in 1823. Chief Justice John Marshall explained and applied the way that colonial powers laid claim to lands belonging to foreign sovereign nations during the Age of Discovery. Under it, European Christian governments could lay title to non-European Christian territory on the basis that the colonisers travelled and "discovered" said territory. The doctrine has been primarily used to support decisions invalidating or ignoring aboriginal possession of land in favor of modern governments, such as in the 2005 case of Sherrill v. Oneida Nation.
The 1823 case was the result of collusive lawsuits where land speculators worked together to make claims to achieve a desired result. John Marshall explained the Court's reasoning. The decision has been the subject of a number of law review articles and has come under increased scrutiny by modern legal theorists.
Source: https://en.wikipedia.org/wiki/Discovery_doctrine
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