The act of cession is the assignment of

property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...

to another entity. In

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 ...

it commonly refers to

land Land, also known as dry land, ground, or earth, is the solid terrestrial surface of the planet Earth that is not submerged by the ocean or other bodies of water. It makes up 29% of Earth's surface and includes the continents and various isla ...

transferred by

treaty A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal per ...

. Ballentine's Law Dictionary defines cession as "a surrender; a giving up; a relinquishment of jurisdiction by a board in favor of another agency." In contrast with

annexation Annexation (Latin ''ad'', to, and ''nexus'', joining), in international law, is the forcible acquisition of one state's territory by another state, usually following military occupation of the territory. It is generally held to be an illegal act ...

, where property is forcibly seized, cession is voluntary or at least apparently so.

Examples

In 1790, the U.S. states of

Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean t ...

and

Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are ...

both ceded land to create the

District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle (Washington, D.C.), Logan Circle, Jefferson Memoria ...

, as specified in the U.S. Constitution of the previous year. The Virginia portion was given back in 1847, a process known as "retrocession". Following the

First Opium War The First Opium War (), also known as the Opium War or the Anglo-Sino War was a series of military engagements fought between Britain and the Qing dynasty of China between 1839 and 1842. The immediate issue was the Chinese enforcement of the ...

(18391842) and

Second Opium War The Second Opium War (), also known as the Second Anglo-Sino War, the Second China War, the Arrow War, or the Anglo-French expedition to China, was a colonial war lasting from 1856 to 1860, which pitted the British Empire#Britain's imperial ...

(18561860),

Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hong Kong SAR or HKSAR), is a List of cities in China, city and Special administrative regions of China, special ...

(

Treaty of Nanking The Treaty of Nanjing was the peace treaty which ended the First Opium War (1839–1842) between Great Britain and the Qing dynasty of China on 29 August 1842. It was the first of what the Chinese later termed the Unequal Treaties. In the ...

) and

Kowloon Kowloon () is an urban area in Hong Kong comprising the Kowloon Peninsula and New Kowloon. With a population of 2,019,533 and a population density of in 2006, it is the most populous area in Hong Kong, compared with Hong Kong Island and ...

(

Convention of Peking The Convention of Peking or First Convention of Peking is an agreement comprising three distinct treaties concluded between the Qing dynasty of China and Great Britain, France, and the Russian Empire in 1860. In China, they are regarded as amo ...

) were ceded by the

Qing dynasty The Qing dynasty ( ), officially the Great Qing,, was a Manchu-led imperial dynasty of China and the last orthodox dynasty in Chinese history. It emerged from the Later Jin dynasty founded by the Jianzhou Jurchens, a Tungusic-speak ...

government of

China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...

to the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...

; and following defeat in the

First Sino-Japanese War The First Sino-Japanese War (25 July 1894 – 17 April 1895) was a conflict between China and Japan primarily over influence in Korea. After more than six months of unbroken successes by Japanese land and naval forces and the loss of the p ...

Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the no ...

was ceded to the

Empire of Japan The also known as the Japanese Empire or Imperial Japan, was a historical nation-state and great power that existed from the Meiji Restoration in 1868 until the enactment of the post-World War II 1947 constitution and subsequent form ...

in 1895.

Territory 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 a ...

can also be ceded for payment, such as in the

Louisiana Purchase The Louisiana Purchase (french: Vente de la Louisiane, translation=Sale of Louisiana) was the acquisition of the territory of Louisiana by the United States from the French First Republic in 1803. In return for fifteen million dollars, or ap ...

and

Alaska Purchase The Alaska Purchase (russian: Продажа Аляски, Prodazha Alyaski, Sale of Alaska) was the United States' acquisition of Alaska from the Russian Empire. Alaska was formally transferred to the United States on October 18, 1867, through a ...

Specific areas of law

Contract law

This is a yielding up, or release.''Balentine's Law Dictionary'', p. 72.

France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...

ceded

Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is bord ...

to the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

by the treaty of Paris, of April 30, 1803. Spain made a cession of

East East or Orient is one of the four cardinal directions or points of the compass. It is the opposite direction from west and is the direction from which the Sun rises on the Earth. Etymology As in other languages, the word is formed from the fac ...

and

West Florida West Florida ( es, Florida Occidental) was a region on the northern coast of the Gulf of Mexico that underwent several boundary and sovereignty changes during its history. As its name suggests, it was formed out of the western part of former S ...

by the treaty of February 22, 1819. Cessions have been severally made of a part of their territory by New York, Virginia, Massachusetts, Connecticut, South Carolina, North Carolina, and Georgia.

Civil law

Under the civil law system, cession is the equivalent of

assignment Assignment, assign or The Assignment may refer to: * Homework * Sex assignment * The process of sending National Basketball Association players to its development league; see Computing * Assignment (computer science), a type of modification to ...

, and therefore, is an act by which a personal claim is transferred from the assignor (the ''cedent'') to the assignee (the ''cessionary''). Whereas

real right Ius in re, or jus in re, under civil law, more commonly referred to as a real right or right '' in rem'', is a right in property, known as an interest under common law. A real right vests in a person with respect to property, inherent in his relati ...

s are transferred by delivery, personal rights are transferred by cession. Once the obligation of the debtor is transferred, the cessionary is entirely substituted. The original creditor (cedent) loses his right to claim and the new creditor (cessionary) gains that right.

Ecclesiastical law

When an ecclesiastic is created

bishop A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ...

, or when a parson or

rector Rector (Latin for the member of a vessel's crew who steers) may refer to: Style or title *Rector (ecclesiastical), a cleric who functions as an administrative leader in some Christian denominations *Rector (academia), a senior official in an edu ...

takes another benefice without dispensation, the first benefice becomes void by a legal cession, or surrender.

Retrocession

Retrocession is the return of something (e.g., land or territory) that was ceded in general or, specifically: Examples: *

District of Columbia retrocession A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or counties, several municipalities, subdivisions ...

, the retrocession to Virginia, and potentially to Maryland, of the land ceded to create the District of Columbia *Retrocession of

Louisiana (New Spain) Spanish Louisiana ( es, link=no, la Luisiana) was a governorate and administrative district of the Viceroyalty of New Spain from 1762 to 1801 that consisted of a vast territory in the center of North America encompassing the western basin of t ...

from Spain to France, formally accomplished just three weeks before the U.S. received the Louisiana Purchase lands from France

Disputed case

*The claimed "Taiwan retrocession" refers to the view that the

sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...

has been handed over in 1945 from Japan to the

Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeas ...

, the widely-recognized government of

at the time, following Japan's loss in

WWII World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

. Whether this "retrocession" is legitimate under

is a disputed issue in the complex

political status of Taiwan The controversy surrounding the political status of Taiwan or the Taiwan issue is a result of World War II, the second phase of the Chinese Civil War (1945–1949), and the Cold War. The basic issue hinges on who the islands of Taiwan, P ...

. See also:

Taiwan Retrocession Day Retrocession Day is the name given to the annual observance and a former public holiday in Taiwan to commemorate the end of Japanese rule of Taiwan and Penghu, and the claimed retrocession ("return") of Taiwan to the Republic of China on 25 O ...

. In

insurance Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to hedge ...

, retrocessional arrangements generally are governed by a reinsurance or retrocessional agreement and the principles applicable to reinsurance also are applicable to retrocessional cover.

References

Civil law (common law) International law Judicial remedies Political geography Property law Reinsurance Sovereignty {{Autonomous types of first-tier administration