Uninhabited Islands in the Bay of Bengal, Penang, Singapore and Botany Bay: What Did Terra Nullius Mean in British Colonial Thinking?

Abstract

Enlightenment colonial actors never used the term ‘terra nullius’, they used the phrase ‘uninhabited land or island’. In the 1780s, uninhabited did not mean nobody lived there, but rather signified a land without a sovereign. This article contrasts British East India Company deliberations on the habitation of islands in the Eastern Indian Ocean, with the discussions on habitation in Botany Bay prior to 1788. Between 1778 and 1786, there were proposals for British settlements in the Nicobar Islands, Andaman Islands, Junk Ceylon and Penang. The people who lived on these islands were not considered the inhabitants. Instead, the British looked at the relationship between people on the islands and mainland Asian sovereigns to determine who inhabited these islands. A retrospective discourse developed that Penang and Singapore were uninhabited prior to the British arrival. This discourse was part of plans to end legal pluralism in the settlements and assert colonial sovereignty.