Uti Possidetis

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Uti Possidetis

A term used in International Law to indicate that the parties to a particular treaty are to retain possession of that which they forcibly seized during a war.

A treaty ending a war may adopt the principle of uti possidetis, the principle of status quo ante bellum (Latin for "the state of things before the war"), or a combination of the two. Upon a default of any treaty stipulation, the doctrine of uti possidetis prevails.

UTI POSSIDETIS. This phrase, which means as you possess, is used in international law to signify that the parties to a treaty are to retain possession of what they have acquired by force during the war.

References in periodicals archive ?
As such, Smith devotes considerable attention to this subject, examining the question of effective occupation, the Canadian fixation with the sector principle, and the effect of new international legal precedents (such as the Eastern Greenland decision) on Canada's legal position.
93) The Court found effective occupation based on a "continued display of authority [that] involves two elements each of which must be shown to exist: the intention and will to act as sovereign, and some actual exercise or display of such authority.
Gradually, discovery and symbolic annexation, termed by John Milton in 1655 as giving rise to an imaginarius titulus (imaginary title), (36) were replaced with the requirement to take actual, effective occupation of a territory.
In Europe, we had the Marshall Plan, and there was the effective occupation in Japan, led by General MacArthur, that laid the basis for democracy," says Charles Manatt, co-chairman of Manatt Jones Global Strategies and an ambassador in the Clinton Administration.
When they went into Iraq they were essentially, flying blind, having disengaged from almost everyone who had real-world experience in how effective occupation, reconstruction, and nation-building was done.
This not only formed the basis of Nigeria's historical territorial title but also the main ingredient of the theory of effective occupation as a requirement for territorial title in international law, the government added.
The number of troops necessary to maintain effective occupation will depend on various considerations such as the disposition of the inhabitants, the number and density of the population, the nature of the terrain, and similar factors.
Experts say that could help China to build a long-term legal picture of effective occupation, despite any formal diplomatic objections of rival claimants.
We declare total and effective occupation,"A the students announced Monday on their Facebook page demanding the government step down.
But the Bush administration was careless in its use of historical analogies and reckless in its inadequate preparation for an effective occupation.
If a territory was occupied by different powers, then the last power in effective occupation of the territory owns it.
Norway challenged Denmark's claim to sovereignty over all of Greenland on the grounds that Denmark had established effective occupation in a limited area only.
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