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Prescription (sovereignty Transfer)
Prescription, in international law, is sovereignty transfer of a territory by the open encroachment by the new sovereign upon the territory for a prolonged period of time, acting as the sovereign, without protest or other contest by the original sovereign. It is analogous to the common law doctrine of easement by prescription for private real estate. The doctrine legalizes ''de jure'' the ''de facto'' transfer of sovereignty caused in part by the original sovereign's extended negligence and/or neglect of the area in question. It was applied in the Island of Palmas and the Miniquiets and Ecrehos cases. References *Randall Lesaffer, "Argument from Roman Law in Current International Law: Occupation and Acquisitive Prescription." *Government of Belize Belize (; bzj, Bileez) is a Caribbean and Central American country on the northeastern coast of Central America. It is bordered by Mexico to the north, the Caribbean Sea to the east, and Guatemala to the west and south. It also s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sovereignty Transfer
A number of methods of acquisition of sovereignty are or have been recognised by international law as lawful methods by which a state may acquire sovereignty over territory. International law adopts much of Roman property law in regards to acquisition of sovereignty due to the underlying European civil law at the time of early discovery voyages such as Christopher Columbus. The basis of acquisition of states ownership of vacant territory therefore continues to apply, (and was often applied historically to land already possessed by indigenous populations). Accretion Accretion refers to the physical expansion of an existing territory through geological processes, such as alluvion (the deposit of sediment) or vulcanism. Cession A state may acquire sovereignty over territory if that sovereignty is ceded (transferred) to it by another state. Cession is typically effected by treaty. Examples of cession include the cession of Hong Kong Island and Kowloon, purchases such as the Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Territory (geographic Region)
A territory is an area of land, sea, or space, particularly belonging or connected to a country, person, or animal. In international politics, a territory is usually either the total area from which a state may extract power resources or an administrative division is usually an area that is under the jurisdiction of a sovereign state. As a subdivision a territory is in most countries an organized division of an area that is controlled by a country but is not formally developed into, or incorporated into, a political unit of the country that is of equal status to other political units that may often be referred to by words such as "provinces" or "regions" or "states". In its narrower sense, it is "a geographic region, such as a colonial possession, that is dependent on an external government." Etymology The origins of the word "territory" begin with the Proto-Indo-European root ''ters'' ('to dry'). From this emerged the Latin word ''terra'' ('earth, land') and later the La ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Easement By Prescription
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes. In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. Easements are helpful for providing access across two or more pieces of property, allowing individuals to access other properties or a resource, for example to fish in a privately owned pond or to have access to a public beach. The rights of an easement holder vary substantially among jurisdictions. Types Historically, common law courts would enforce only four types of easement: * Right-of-way (easements of way) * Easements of support (pertaining to excavations) * Easement ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Real Estate
Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more generally) buildings or housing in general."Real estate": Oxford English Dictionary online: Retrieved September 18, 2011 In terms of law, ''real'' is in relation to land property and is different from personal property while ''estate'' means the "interest" a person has in that land property. Real estate is different from personal property, which is not permanently attached to the land, such as vehicles, boats, jewelry, furniture, tools and the rolling stock of a farm. In the United States, the transfer, owning, or acquisition of real estate can be through business corporations, individuals, nonprofit corporations, fiduciaries, or any legal entity as seen within the law of each U.S. state. History of real estate The natural right of a person t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
De Jure
In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legally recognized. Examples Between 1805 and 1914, the ruling dynasty of Egypt were subject to the rulers of the Ottoman Empire, but acted as de facto independent rulers who maintained a polite fiction of Ottoman suzerainty. However, starting from around 1882, the rulers had only de jure rule over Egypt, as it had by then become a British puppet state. Thus, by Ottoman law, Egypt was de jure a province of the Ottoman Empire, but de facto was part of the British Empire. In U.S. law, particularly after ''Brown v. Board of Education'' (1954), the difference between de facto segregation (segregation that existed because of the voluntary associations and neighborhoods) and de jure segregation (segregation that existed because of local laws that m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
De Facto
''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by law"), which refers to things that happen according to official law, regardless of whether the practice exists in reality. History In jurisprudence, it mainly means "practiced, but not necessarily defined by law" or "practiced or is valid, but not officially established". Basically, this expression is opposed to the concept of "de jure" (which means "as defined by law") when it comes to law, management or technology (such as standards) in the case of creation, development or application of "without" or "against" instructions, but in accordance with "with practice". When legal situations are discussed, "de jure" means "expressed by law", while "de facto" means action or what is practiced. Similar expressions: "essentially", "unofficial", "in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Island Of Palmas
Miangas or Palmas is North Sulawesi's northernmost island, and one of 92 officially listed outlying islands of Indonesia. Etymology ''Miangas'' means "exposed to piracy", because pirates from Mindanao used to visit the island. In the 16th century, the island was named in Spanish ''Isla de las Palmas'', and in Portuguese ''Ilha de Palmeiras''. In the Sasahara language, the island is called ''Tinonda'' or ''Poilaten'' in Minahasan which mean "people who live separated from the main archipelago" and "our island" respectively. History According to local tradition, there were a number of kingdoms in the area. Sangir, Talaud and Sitaro belonged to two kingdoms, Tabukan and Kalongan. To justify their sovereignty over Miangas, the Dutch argued that the island had been under the domination of the princes of Sangir. Early modern era In October 1526, Garcia Jofre de Loaísa, Spanish sailor and researcher, was the first European to visit the island. The island was used as a defense ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minquiers And Ecrehos Case
''France v United Kingdom'' [1953ICJ 3(also called the Minquiers and Ecrehos Case) was an International Court of Justice case concerning sovereignty over seas. Facts The United Kingdom and France requested for the ICJ to determine the country that held sovereignty over the islets and rocks in the Minquiers and Ecrehos groups. France claimed sovereignty because it fished in the waters and it had historic sovereignty over the area from the 11th century's Duchy of Normandy. The United Kingdom claimed that Jersey had historically exercised legal and administrative jurisdiction over them. Judgment Initially requested on 5 December 1951, the ICJ decided on 17 November 1953 that sovereignty over the islands belonged to the United Kingdom.Minquiers and Ecrehos (France/United Kingdom) – Summary of the Summary of the Judgment of 17 November 1953 International Court of Justice See also * List of International Court of Justice cases The list of International Court of Justice cases in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Belize
Belize (; bzj, Bileez) is a Caribbean and Central American country on the northeastern coast of Central America. It is bordered by Mexico to the north, the Caribbean Sea to the east, and Guatemala to the west and south. It also shares a water boundary with Honduras to the southeast. It has an area of and a population of 441,471 (2022). Its mainland is about long and wide. It is the least populated and least densely populated country in Central America. Its population growth rate of 1.87% per year (2018 estimate) is the second-highest in the region and one of the highest in the Western Hemisphere. Its capital is Belmopan, and its largest city is the namesake city of Belize City. Belize is often thought of as a Caribbean country in Central America because it has a history similar to that of English-speaking Caribbean nations. Indeed, Belize’s institutions and official language reflect its history as a British colony. The Maya civilization spread into the area of Beli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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