Original scientific paper
Legal title and effectivites as grounds for state sovereignty over a territory
Vladimir-Đuro Degan
; Jadranski zavod HAZU, Zagreb, Hrvatska
Abstract
This paper deals with the two judgments recently rendered by the International Court of Justice at The Hague. The 2002 Judgment relates to the case concerning sovereignty over Pulau Ligitan and Lulau Sipadan between Indonesioa and Malaysia. The 2007 Judgment was rendered in the case on territorial and maritime Dispute between Nicaragua and Honduras in the Caribbean Sea.
In both cases the Court decided on the sovereignty over some small unpopulated or sparsely populated islands far from the coasts of the disputing parties. These formations were recently claimed by the respective states as a consequence of their proclamation of the exclusive economic zone (EEZ).
Because no disputing party proved its treaty-based title over the islands, the Court examined their claims of title based on the ''uti possidetis'' principle. However because of obsence of any legal title, the Court decided the cases on the basis of effectivites of the stronger claim. (...)
Keywords
delimitation; maritime boundary; uti possidetis; legal title; historic bays
Hrčak ID:
26233
URI
Publication date:
19.8.2008.
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