1. Reproduced in J Crawford (ed) The Rights of Peoples (1988) 205–7.
2. J Crawford (ed) (1993) 32 ILM 1661.
3. J Crawford (ed) 1975 ICJ Reports 12. The ICJ established that territory which is inhabited by any people with a social structure cannot be regarded as terra nullius.
4. See, for example, Blackstone Commentaries on the Laws of England (RM Kerr ed, 1876) Vol II 6.
5. The Dutch East India Company had given settlers one of three types of title. Eigendom was a freehold tenure, subject to various conditions in favour of the Company: TRH Davenport & KS Hunt The Right to the Land (1974) Document 1 and L Guelke in CGC Martin & K J Friedlaender (eds) History of Surveying and Land Tenure in the Cape 1652–1812 (1984) 8ff. Erfpacht was a fifteen-year quitrent lease: Davenport & Hunt Document 4 and Guelke 13ff. The most common form of title was leeningsplaats, a loan of land by the Company for farming: Davenport & Hunt Documents 2 and 3 and Guelke 18ff.