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, re ...

to another entity. In

international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...

it commonly refers to

land Land, also known as dry land, ground, or earth, is the solid terrestrial surface of Earth not submerged by the ocean or another body of water. It makes up 29.2% of Earth's surface and includes all continents and islands. Earth's land sur ...

transferred by

treaty A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...

. 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, in international law, is the forcible acquisition and assertion of legal title over one state's territory by another state, usually following military occupation of the territory. In current international law, it is generally held t ...

, 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 U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It borders the states of Virginia to its south, West Virginia to its west, Pennsylvania to its north, and Delaware to its east ...

and

Virginia Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...

both ceded land to create the

District of Columbia Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...

, 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 ( zh, t=第一次鴉片戰爭, p=Dìyīcì yāpiàn zhànzhēng), also known as the Anglo-Chinese War, was a series of military engagements fought between the British Empire and the Chinese Qing dynasty between 1839 and 1 ...

(1839–1842) and

Second Opium War The Second Opium War (), also known as the Second Anglo-Chinese War or ''Arrow'' War, was fought between the United Kingdom, France, Russia, and the United States against the Qing dynasty of China between 1856 and 1860. It was the second major ...

(1856–1860),

Hong Kong Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...

(

Treaty of Nanking The Treaty of Nanking was the peace treaty which ended the First Opium War (1839–1842) between United Kingdom of Great Britain and Ireland, Great Britain and the Qing dynasty of China on 29 August 1842. It was the first of what the Chinese ...

) and

Kowloon Kowloon () is one of the areas of Hong Kong, three areas of Hong Kong, along with Hong Kong Island and the New Territories. It is an urban area comprising the Kowloon Peninsula and New Kowloon. It has a population of 2,019,533 and a populat ...

( Convention of Peking) were ceded by the

Qing dynasty The Qing dynasty ( ), officially the Great Qing, was a Manchu-led Dynasties of China, imperial dynasty of China and an early modern empire in East Asia. The last imperial dynasty in Chinese history, the Qing dynasty was preceded by the ...

government of

China China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...

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 Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...

; and following defeat in the

First Sino-Japanese War The First Sino-Japanese War (25 July 189417 April 1895), or the First China–Japan War, was a conflict between the Qing dynasty of China and the Empire of Japan primarily over influence in Joseon, Korea. In Chinese it is commonly known as th ...

Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia. The main geography of Taiwan, island of Taiwan, also known as ''Formosa'', lies between the East China Sea, East and South China Seas in the northwestern Pacific Ocea ...

was ceded to the

Empire of Japan The Empire of Japan, also known as the Japanese Empire or Imperial Japan, was the Japanese nation state that existed from the Meiji Restoration on January 3, 1868, until the Constitution of Japan took effect on May 3, 1947. From Japan–Kor ...

in 1895.

Territory A territory is an area of land, sea, or space, belonging or connected to a particular country, person, or animal. In international politics, a territory is usually a geographic area which has not been granted the powers of self-government, ...

can also be ceded for payment, such as in the

Louisiana Purchase The Louisiana Purchase () was the acquisition of the Louisiana (New France), territory of Louisiana by the United States from the French First Republic in 1803. This consisted of most of the land in the Mississippi River#Watershed, Mississipp ...

and

Alaska Purchase The Alaska Purchase was the purchase of Russian colonization of North America, Alaska from the Russian Empire by the United States for a sum of $7.2 million in 1867 (equivalent to $ million in ). On May 15 of that year, the United St ...

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 located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...

ceded

Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...

to the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

by the treaty of Paris, of April 30, 1803, following the

. Spain made a cession of

East East 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 fact that ea ...

and

West Florida West Florida () was a region on the northern coast of the Gulf of Mexico that underwent several boundary and sovereignty changes during its history. Great Britain established West and East Florida in 1763 out of land acquired from France and 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, and therefore, is an act by which a personal claim is transferred from the assignor (the ''cedent'') to the assignee (the ''cessionary''). Whereas real rights 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 member of the clergy who is entrusted with a position of Episcopal polity, authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance and administration of di ...

, or when a

parson A parson is an ordained Christian person responsible for a small area, typically a parish. The term was formerly often used for some Anglican clergy and, more rarely, for ordained ministers in some other churches. It is no longer a formal term d ...

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

Louisiana (New Spain) Louisiana (, ), was a province of New Spain from 1762 to 1801. It was primarily located in the center of North America encompassing the western basin of the Mississippi River plus New Orleans. The area had originally been claimed and controlle ...

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 can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate au ...

over

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. The main geography of Taiwan, island of Taiwan, also known as ''Formosa'', lies between the East China Sea, East and South China Seas in the northwestern Pacific Ocea ...

, the widely-recognized government of

at the time, following Japan's defeat in

WWII World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

. Whether this "retrocession" is legitimate under

is a disputed issue in the complex

political status of Taiwan The island of Taiwan is the subject of a geopolitical dispute between the Republic of China (ROC), which controls it, and the People's Republic of China (PRC), which claims it as part of its territory. The Republic of China (ROC) was establ ...

. See also: Taiwan Retrocession Day. 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 protect ...

, 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