Beruflich Dokumente
Kultur Dokumente
Original modes
Derivative Modes
Boundary Treaties &
Boundary Awards
Boundary Treaties
Boundary treaties, whereby either
additional territory is acquired or lost
or uncertain boundaries are clarified
by agreement between the states
concerned, constitute a root of title in
themselves.
Eastern Greenland
Denmark
The PCIJ held
Claim of Sovereignty
Prescription
If a state exercises control and
establishes occupation over a
particular territory for a long time
and thus exercises de facto
sovereignty over it, then the
territory concerned becomes a part
of that State.
Peaceable exercise of de facto
sovereignty over a very long period
of time.
Island of Palmas Arbitration
The Main Question
If a dispute arises as to the
sovereignty over a portion
of territory, then what is the
validity of the claim of the
parties if they are clashing
or what is the criteria for
establishing superior claim?
Contention of the US
Treaty of Paris
Contention of the Netherlands
Historic Title
Hence
The Netherlands title of
sovereignty, acquired by
continuous and peaceful
display of State
authority during a long
period of time probably
going back beyond the
year 1700, therefore
So thereby, some other
aspects that emerge
Title by
France v. Mexico (1931)
Clipperton Island Case
History of claims- France
History of claims- Mexico
What is occupation? & Why
does it belong to France here??
Actual Possession But, if a territory, by
virtue of the fact, that it
was completed
uninhabited, is, from the
first moment when the
occupying state makes its
appearance there, at the
absolute and undisputed
disposition of that state,
from that moment the
taking of possession
must be considered as
accomplished & the
occupation is thereby
complete.
Therefore, it was stated
The Clipperton Island was legitimately
acquired by France on Nov17, 1858.
Established principle in
Municipal Law: An illegal act
cannot give birth to a right in
law.
as you possess
The Doctrine
The essence of the principle lies in its primary aim of securing
respect for the territorial boundaries at the moment when
independence is achieved. Such territorial boundaries might be
no more than delimitations between different administrative
divisions or colonies all subject to have the same sovereign. In
that case, the application of the principle of uti possidetis
resulted in administrative boundaries being transformed into
international frontiers in the full sense of the term.
Burkina Faso v. Republic of Mali