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.
(88) A series of judicial decisions emphasized "effective occupation," which required some acts of administration and control beyond discovery.
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.
The officials at External Affairs distanced themselves from the Foreign Office as they explored complex ideas about effective occupation, the sector theory, and international law as they pertained to the Arctic Archipelago.
'The Government of Israel has a duty to protect its citizens,' Justice Goldstone told the Human Rights Council, 'That in no way justifies a policy of collective punishment of a people under effective occupation, destroying their means to live a dignified life and the trauma caused by the kind of military intervention the Israeli Government called Operation Cast Lead.
In addition to having an effective Occupation Health and Safety Committee, they organize an annual Health and Safety and have staff attend community safety groups and conferences specifically for Health and Safety.
Baker's efforts in 1989 to secure an American exit from Lebanon--at the cost of putting the unspeakable Syrian regime in effective occupation of the country.
"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.
Yet by establishing the principles of "effective occupation," the conference indirectly accelerated the scramble for Africa.
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