Captain Cook claimed the East Coast for the King of England.  Clearly Captain Cook was aware that the land was occupied by a simple and primitive people.

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A claim to lands at Possession Island was the first step to British claim but in itself was not sufficient to ensure British the right to those lands.

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Perfection of title at this time, in accordance with British and International law was acquired by effective occupation.  Effective occupation was the main criteria to territory in colonial expansion.  The law of military or belligerent occupation represents one of the branches of international law where the concept of effectiveness plays a dominant role.  This is then coupled with State control which is clearly evidenced in the establishment of enforcement agencies in that territory and the exercise of legislative and administrative functions.

 

 The very essence of military occupation and State control is based on effective control and command over foreign territories and under such circumstances title to the lands is perfected regardless of the views or activities of the original inhabitants.

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This form of Conquest has been outlawed at least since 1945 under general International Law.  We are however referring to events 170 years earlier and were consistent with International Law at that time. 

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The first fleet landed without a shot being fired in the first act of perfecting title. The settlement of Sydney Harbour – the arrival and occupation of the military and the establishment of government practices set in motion effective occupation and control and government of the colony of New South Wales.

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As long as there is a control and an intention to maintain it over the whole territory, effectiveness of occupation is an ongoing process of progressive intensification of State control.