Uti possidetis juris is a principle of international law, which states that nations who gain independence from some sort of oppressive or ruling power will have the same borders that they had before they gained independence. This dispute was a consequence of the imprecise geographical definitions used in colonial times to define the limits of the royal audiences. We find that both norms seem to have been associated with generally increased lowlevel conflict over territory but at least for general territorial integrity obligations and for the latin american states that developed uti possidetis less of the more intense forms of conflict. Thus under uti possidetis iuris, it inherits the mandatory borders. A key contribution of the book is a discussion on the concept of sphere of influence, which added to the complexity of the issue of namibias borders with its neighbors, such as botswana see international court of justice 1999, cited under uti possidetis and maritime delimitation. Before you go or decide not to go to the precop in. While the doctrine may have considerable utility in some cases, it is only principle among many that must be considered if future disputes are to be resolved so as to promote. Uti possidetis andtherightto selfdeterminationinmodern. Uti possidetis juris is a modified form of uti possidetis. In the supreme court of texas the girards law firm. Uti possidetis juris has been applied in modern history to such regions as south america, africa, the soviet union, and numerous other regions where centralized governments were broken up, or where imperial rulers were overthrown. Originally applied to establish the boundaries of decolonized territories in latin america, upj has become a rule of wider application, notably in africa.
Page uti possidetis juris says uti possidetis iuris is a principle of international law that states that newly formed states should have the same borders that they had before their independence. Aug 30, 2011 the territorial dispute between ecuadorand peru was the source of the longestrunning international armed conflict in the western hemisphere. It was not the first territorial dispute between former french colonies that was resolved by the international court of justice. Heralding the popular modern terminology of uti possidetis juris, the latter.
It demonstrates that african state practice and opinio juris gave rise to customary rules that govern sovereign territory transfer in africa. Home books sovereignty and territorial temptation the temptation of uti possidetis. Jurist, historical and political researcher focusing on the falklands and gibraltar. Uti possidetis juris or uti possidetis iuris latin for as you possess under law is a principle of international law which provides that newlyformed sovereign states should retain the internal borders that their preceding dependent area had before their independence.
The court has followed its established practice in respect to the application of the principle uti possidetis juris and effectivitas. A dictionary of greek and roman antiquities 1890 william smith, lld, william wayte, g. As a bolivian, i believe the reality is more complex. The author argues that, contrary to the finding in the frontier dispute case, uti possidetis is not a general principle of law enjoining states to preserve preexisting boundaries on state succession. Uti possidetis in international law the term uti possidetis. Although taken from the decolonization perspective, self. In 1992, when yugoslavia was on the point of disintegration, the badinter commission recommended that the issue of its boundaries be resolved according to the principle of uti possidetis. During the medieval period it evolved into a law governing international relations and has recently been modified for situations of newly independent states.
It seems to me that the first sentence is historically and legally uncorrect, the second is highly questionable. Buckland, a text book of roman law from augustus to justinian 734 peter stein ed. The principle of uti possidetis juris today w oxford. Some key principles for a lasting solution of the status of. It is often applied to prevent foreign intervention by eliminating any contested terra nullius. Fn1 the former norm is the one that has been used in modern times, while the latter belongs to the past, its origin traceable as far back as the medieval times. Territorial integrity treaties, uti possidetis, and armed. Notice to the defendant who owns the property and potential buyers or financiers is given by filing the lis pendens with the clerk of the court, certifying that it has. Thus, the praetor would address both parties, declaring, i forbid force to be done by either of you whereby one of you is prevented from enjoying the land as he now does, not clam vi aut. More often than not has the principle of self determination been considered as neither a non derrogable nor inalienable right1.
Principle of uti possidetis juris today, 67 byil, 1996, 76, 97. For present purposes, the utility of uti possidetis lies in the fact that it provides an excellent illustration of the tension existing within modern international law between the evolution of the right to selfdetermination and the. The temptation of uti possidetis chapter 3 sovereignty and. The issue being raised by many of these european and north american activists is that venezuela is a major oil producer and that attending such an event would lend tacit support to their fossil fuel extraction. A dictionary of greek and roman antiquities 1890, jaculato.
This opinion is subject to formal revision before publication in the preliminary print of the united states reports. The territorial dispute between ecuadorand peru was the source of the longestrunning international armed conflict in the western hemisphere. The 10th of december 2015, international human rights day, was marked by the european union general court egc quashing a free trade agreement between the european union and morocco, to the extent that. Spatial and temporal dimensions for legal history maxplanck. Marcelo kohen the principle of uti possidetis iuris content 1. The application of the principle uti possidetis juris to. The options for the solution of the kosova issue kosova is a subject sui generis. Uti possidetis juris is an important building block of the state system. This is achieved by freezing the territorial boundaries as at the time of. Originally applied to establish the boundaries of decolonized territories in latin america, upj has become a rule of. In early 1921, prior and during the cairo conference, the british authorities clarified once more that.
Treaty article number containing saving clause exception. Some key principles for a lasting solution of the status. The 10th of december 2015, international human rights day, was marked by the european union general court egc quashing a free trade agreement between the european union and morocco, to the extent that it was. This term first came to prominence when the colonies of latin america were gaining their independence. The republics of venezuela and new granada are from this day. Stephen potts studies chagos, diego garcia, and philosophy. She argues that nothing justifies conferring such a binding status on the principle and that the uti possidetis applied in yugoslavia was an entirely new version that can derive no legitimacy from colonial precedents. Boundaries and secession in africa and international law. Elated by what seemed a clear and workable solution to an impossible. Jones, magistrate judge this matter is before the court upon petitioners motion for 28 u.
The application of the principle uti possidetis juris to the. Dr nadia bernaz is senior lecturer in law and dr elvira dominguez redondo is associate professor of international law, both at middlesex university, london uk. A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. The essence of the principle lies in its primary aim of securing respect for the territorial boundaries at the moment when independence is. The court will make findings in a separate opinion and order related to.
In light of the principle of self determination, which doesnt necessarily consist on historical perspective, then, the most important legal issues, rely on the following and from then and on actually. Page uti possidetis says uti possidetis latin for as you possess is a principle in international law that territory and other property remains. Publico derecho wikiteka, apuntes, resumenes, trabajos y. Pronunciation of uti possidetis juris with 1 audio pronunciation, 8 translations and more for uti possidetis juris.