Discovery of a territory creates a mere inchoate title which must be completed within a reasonable period by effective occupation of that territory. The means by which a state can acquire territory in international law are conquest, cession by agreement, occupation of land which belongs to no state ( terra nullius), and prescription through the continuous exercise of sovereignty. In 2023, the Vatican formally repudiated the doctrine. In recent decades, advocates for Indigenous rights have campaigned against the doctrine. A number of legal scholars have criticized Marshall's interpretation of the relevant international law. In Marshall's formulation of the doctrine, discovery of territory previously unknown to Europeans gave the discovering nation title to that territory against all other European nations, and this title could be perfected by possession. The discovery doctrine, or doctrine of discovery, is a disputed interpretation of international law during the Age of Discovery, introduced into United States municipal law by the US Supreme Court Justice John Marshall in Johnson v. For pre-trial phase of a lawsuit, see Discovery (law). This article is about the discovery of land under public international law.
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