The doctrine of discovery refers to a principle in public international law under which, when a nation “discovers” land, it directly acquires rights on that land. This doctrine arose when the European nations discovered non-European lands, and therefore acquired special rights, such as property and sovereignty rights, on those lands. This principle disregards the fact that the land oftentimes is already inhabited by another nation. In fact, this doctrine was used in order to legitimize the colonization of lands outside of Europe.
More broadly, the doctrine of discovery can be described as an international law doctrine giving authorization to explorers to claim terra nullius – i.e. said inhabited land – in the name of their sovereign when the land was not populated by Christians.
Nowadays, the world as viewed by international law is considered to be a finite world, because no land is open to state occupation (no terra nullius left), so this question no longer arises today. However, in 1792 Thomas Jefferson asserted that the doctrine of discovery was international, and therefore was applicable to the U.S. government. Today, the doctrine of discovery is still mentioned in American Imperialism and in regards to the treatment of indigenous people.
[Last updated in April of 2022 by the Wex Definitions Team]