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The United States argued that Spain acquired title to Palmas when Spain discovered the island and the island was terra nullius. Spain's title to the island, because it was a part of the Philippines, was then ceded to the United States under the Treaty of Paris (1898) after Spain's defeat in the Spanish–American War. The arbitrator noted that ...
Terra nullius (/ ˈ t ɛr ə ˈ n ʌ l ɪ ə s /, [1] plural terrae nullius) is a Latin expression meaning "nobody's land". [2] Since the nineteenth century it has occasionally been used in international law as a principle to justify claims that territory may be acquired by a state's occupation of it.
Uti possidetis juris is a modified form of uti possidetis; created for the purpose of avoiding terra nullius, the original version of uti possidetis began as a Roman law governing the rightful possession of property. [1]
A concept derived from res nullius by allegory is terra nullius. [7] Using it, a state may assert control of an unclaimed territory by occupying it.. This terra nullius principle was used to justify colonization of much of the world, as exemplified in the competition for influence within Africa by the European powers (see the scramble for Africa).
The means by which a state can acquire territory in international law are conquest, cession by agreement, occupation of land which belongs to no state (terra nullius), and prescription through the continuous exercise of sovereignty.
International law adopts much of Roman property law in regards to acquisition of sovereignty due to the European nature of early European discovery voyages such as Christopher Columbus. [4] Occupatio was later employed under public international law as the basis of acquisition of states ownership of vacant territory (often including land ...
The Constitution of the Philippines (Filipino: Saligang Batas ng Pilipinas or Konstitusyon ng Pilipinas) is the supreme law of the Philippines. Its final draft was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987. The Constitution remains unamended to this day.
The law also required the Philippine Senate to ratify the law. Manuel L. Quezon urged the Philippine Senate to reject the bill, which it did. Quezon himself led the twelfth independence mission to Washington to secure a better independence act. The result was the Tydings–McDuffie Act of 1934 which was very similar to the Hare-Hawes-Cutting ...