The International Law of Colonialism: Johnson v. M’Intosh and the Doctrine of Discovery Applied Worldwide

Abstract

The international law of colonialism is known today as the Doctrine of Discovery. The clearest and most internationally influential explication of the Doctrine is found in the United States Supreme Court case of Johnson v. M'Intosh, 21 U.S. 541 (1823). I perceive that in 1823 the Supreme Court defined this international Doctrine as being comprised of ten distinct elements or factors. In this short article, I lay out these ten elements. Using these elements, I and various co-authors have compared and contrasted how Euro-American countries (USA, Australia, Brazil, Canada, Chile, England, Germany, New Zealand, Portugal, and Spain) used this international law in Africa, the Americas, and Oceania to steal the sovereignty, lands, assets, and human rights of Indigenous Nations and Peoples all over the world.

Keywords: colonialism, international law, Doctrine of Discovery, Johnson v. McIntosh