uti possidetis


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uti possidetis

(ˈjuːtaɪ ˌpɒsɪˈdiːtɪs)
n
(Law) international law the rule that territory and other property remains in the hands of the belligerent state actually in possession at the end of a war unless otherwise provided for by treaty
[from Latin, literally: as you possess]
References in periodicals archive ?
More specifically, topics include uti possidetis, initiatives in the early years at the United Nations, US Latinos, patterns of protest and revolution (1810-1910-2010), Latin American forests, growth driven by external demand, and NAFTA.
11) This Note argues that the most logical resolution to the clashes between Somaliland and Puntland can be found in the ICJ's legal mechanisms for solving international border disputes, most notably uti possidetis.
Part III will detail the legal regime used by the ICJ to solve border disputes, specifically the doctrine of uti possidetis.
The principle of uti possidetis (142) "was appealed to in order to limit fragmentation of newly liberated European colonies, whose boundaries were usually arbitrarily drawn, and which included several, and in some cases many, distinct and conflicting ethnic groups.
146) The court's reasoning was that uti possidetis is often "the wisest course, to preserve what has been achieved by peoples who have struggled for their independence, and to avoid a disruption which would deprive the continent of the gains achieved by much sacrifice.
The Author starts with the traditional Western notion of sovereignty and its dynamization via the principle of self-determination, cabined by the exclusionary concepts of terra nullius and uti possidetis.
Part II will address the concept of sovereignty in its traditional Western connotation of the modern nation-state, while Part III will describe the way in which the right of self-determination dynamized this concept, also elucidating the anti-indigenous function and effect of the concepts of terra nullius and uti possidetis.
The legal justification for this conclusion was the principle of uti possidetis.
Radan begins by presenting an historical analysis of the development of the uti possidetis principle from its Roman law origins to its transformation as a principle of international law.
After a state is recognized, the doctrine of uti possidetis "provides that new States will come to independence with the same borders that they had when they were .
111) As post-colonial boundaries are formalized, uti possidetis is replaced by the concept of "territorial integrity.
Determining Boundaries in a Conflicted World: The Role of Uti Possidetis (Montreal & Kingston: McGill-Queen's University Press, 2002).