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 ?
Therefore, quasi-states must rely on other theories, namely uti possidetis and effective control.
The modern doctrine of uti possidetis derives from the ancient Roman law of jus civile, in which it was termed "uti possidetis ita possidetis," meaning "as you possess, so you possess.
The legal mechanism of uti possidetis proved to be very useful for African decolonization, though it was hotly contested early on.
The application of the principle of uti possidetis to Somaliland's secessionist claims is less than clear.
In the Yugoslavia case, the application of uti possidetis was extended to the internal boundaries that demarcated federal units.
In fact, it would be ironic if the Somali Republic did call for the application of the principle of uti possidetis.
The name of the game is uti possidetis, a Roman legal term that essentially means one should leave the place as one received it.
59) Pursuant to the principle of uti possidetis, the UN-effectuated return of lands retraced the borders drawn by the conquerors.
Shaw, The Heritage of States: The Principle of Uti Possidetis Juris Today, 67 BRIT.
Radan draws a number of conclusions from this analysis regarding the application of the uti possidetis principle in the colonial context.
Radan scrutinizes three critical findings made by the Badinter Arbitration Commission, which had a tremendous impact on the final outcome of the crisis in Yugoslavia: (1) that Yugoslavia was in the process of dissolution rather than experiencing secession from a number of republics; (2) that the right of self-determination could only be exercised by particular territorial units, namely the constituent republics of the SFRY; (3) and that the principle of uti possidetis applied to cases outside the colonial context and, in fact, dictated a territorial outcome that could be imposed upon unwilling parties.
The concept of uti possidetis underscores the complexity of the relationship between Somalia and Somaliland.