Uti Possidetis Juris
Encyclopedia
Uti possidetis juris is a principle of international law
that states that newly formed sovereign state
s should have the same borders that their preceding dependent area had before their independence.
governing the rightful possession of property. During the medieval period it evolved into a law governing international relations.
, Africa
, Yugoslavia
, the Soviet Union
, and numerous other regions of where centralized governments were broken up, or where imperial
rulers were overthrown. It is often applied to prevent foreign intervention by eliminating any contested terra nullius
, or no man's land, that foreign powers could claim.
, the Democratic Republic of Congo, Sudan
, former Soviet Republic of Azerbaijan
and elsewhere.
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
that states that newly formed sovereign state
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
s should have the same borders that their preceding dependent area had before their independence.
History
Uti possidetis juris began as a Roman lawRoman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
governing the rightful possession of property. During the medieval period it evolved into a law governing international relations.
Application
Uti possidetis juris has been applied to in modern history such regions as South AmericaSouth America
South America is a continent situated in the Western Hemisphere, mostly in the Southern Hemisphere, with a relatively small portion in the Northern Hemisphere. The continent is also considered a subcontinent of the Americas. It is bordered on the west by the Pacific Ocean and on the north and east...
, Africa
Africa
Africa is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...
, Yugoslavia
Yugoslavia
Yugoslavia refers to three political entities that existed successively on the western part of the Balkans during most of the 20th century....
, the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
, and numerous other regions of where centralized governments were broken up, or where imperial
Empire
The term empire derives from the Latin imperium . Politically, an empire is a geographically extensive group of states and peoples united and ruled either by a monarch or an oligarchy....
rulers were overthrown. It is often applied to prevent foreign intervention by eliminating any contested terra nullius
Terra nullius
Terra nullius is a Latin expression deriving from Roman law meaning "land belonging to no one" , which is used in international law to describe territory which has never been subject to the sovereignty of any state, or over which any prior sovereign has expressly or implicitly relinquished...
, or no man's land, that foreign powers could claim.
Success
The application of uti possidetis juris has had mixed success as it often ignores ethnic and political differences in and between regions. This has led to conflicts, and war crimes like those committed in the former YugoslaviaFormer Yugoslavia
The former Yugoslavia is a term used to describe the present day states which succeeded the collapse of the Socialist Federal Republic of Yugoslavia....
, the Democratic Republic of Congo, Sudan
Sudan
Sudan , officially the Republic of the Sudan , is a country in North Africa, sometimes considered part of the Middle East politically. It is bordered by Egypt to the north, the Red Sea to the northeast, Eritrea and Ethiopia to the east, South Sudan to the south, the Central African Republic to the...
, former Soviet Republic of Azerbaijan
Azerbaijan
Azerbaijan , officially the Republic of Azerbaijan is the largest country in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded by the Caspian Sea to the east, Russia to the north, Georgia to the northwest, Armenia to the west, and Iran to...
and elsewhere.