|
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 is a country on the north-eastern 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 maritime boundary with Honduras ... [...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 Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, International organization, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, Trade, economic relations, and human rights. International law differs from state-based List of national legal systems, domestic legal systems in that it operates ... [...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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Territory (geographic Region)
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, i.e. an area that is under the jurisdiction of a sovereign state. As a subdivision, a territory in most countries is 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 that country, which political units are of equal status to one another and are often referred to by words such as "provinces", "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 Latin word ''territorium'' ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Easement By Prescription
An easement is a nonpossessory right to use 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 a 'limited right to use another person's land for a stated purpose. For example, an easement may allow someone to use a road on their neighbor’s land to get to their own.' Another example is someone's right 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 easements: # Easem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
De Jure
In law and government, ''de jure'' (; ; ) describes practices that are officially recognized by laws or other formal norms, regardless of whether the practice exists in reality. The phrase is often used in contrast with '' de facto'' ('from fact'), which describes situations that exist in reality, even if not formally recognized. Definition ''De jure'' is a Latin expression composed of the words ''de'',("from, of") and ''jure'',("law", adjectival form of '' jus''). Thus, it is descriptive of a structural argument or position derived "from law". Usage Jurisprudence and ''de jure'' law In U.S. law, particularly after '' Brown v. Board of Education'' (1954), the difference between ''de facto'' segregation (that existed because of voluntary associations and neighborhoods) and ''de jure'' segregation (that existed because of local laws) became important distinctions for court-mandated remedial purposes. Government and culture Between 1805 and 1914, the ruling dynasty of Egypt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Island Of Palmas
Miangas or Palmas is the northernmost island of North Sulawesi, 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 Sasahara language, the island is called ''Tinonda'' ( Minahasan: ''Poilaten''), meaning "people who live separated from the main archipelago" and "our island", respectively. During the 16th century, the island was named in Spanish as ''Isla de las Palmas'', and in Portuguese ''Ilha de Palmeiras''. 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 ... [...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 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 in 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 * Prescription (sovereignty transfer) Prescription, in international ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Belize
Belize is a country on the north-eastern 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 maritime boundary with Honduras to the southeast. Part of the Caribbean region, Belize is a member of the Caribbean Community (CARICOM) and the Commonwealth Caribbean, the historical British West Indies. The Maya civilization spread into the area of Belize between 1500 BCE and 300 CE and flourished until about 1200. European contact began in 1502–04 when Christopher Columbus sailed along the Gulf of Honduras. European exploration was begun by English settlers in 1638. Spanish Empire, Spain and Kingdom of Great Britain, Britain both laid claim to the land until Britain defeated the Spanish in the Battle of St. George's Caye (1798). It became British Honduras, a British colony in 1840, and a Crown colony in 1862. Belize achieved its independence from the United Kingdom on 21 September ... [...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 Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, International organization, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, Trade, economic relations, and human rights. International law differs from state-based List of national legal systems, domestic legal systems in that it operates ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
