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Uti possidetis is a legal term meaning “as you possess” used in peace treaties to allow parties to retain captured property. It originated in Roman law and has been modified in international law as uti possidetis juris. It has been applied in South America, Africa, and the former Soviet Union and Yugoslavia to establish internationally recognized borders, but conflicts have arisen due to arbitrary boundaries dividing communities.
Uti possidetis is a Latin phrase which means as you possess. The precise usage depends on the context or legal system. It is generally used as a legal term in peace treaties to mean that the respective national parties may retain possession of the property they have captured. In Roman law, the sentence is an injunction ordering each party to maintain current property boundaries until an official decision regarding ownership is made. The modified form known as uti possidetis juris in international law stipulates that the borders of a colony or political subdivision will become the respected international borders once independence is achieved.
The legal principle originates in Roman law and was derived from the phrase uti possidetis, ita possideatis, or as you possessed you possess henceforth. It is most often used to make a territorial conquest or annexation legal. The party will argue that the doctrine applies in order to maintain control of captured territory during a war or some other process. The International Court of Justice affirmed the principle in 1986.
The claims of the phrase have been disputed. James I, King of England in the early 17th century, contested the Spanish claim to exclusive possession of the American territories. Spain had been given possession of much of the American continent in the Treaty of Tordesillas between Spain and Portugal signed in 17.
In international law there is a modified form of uti possidetis called uti possidetis juris. According to this legal doctrine, the boundaries of a newly independent colony should be the same as those established before independence. It has recently been applied in regions such as South America, Africa, the former Soviet Union and Yugoslavia.
The application of uti possidetis juris originated in South America in the 19th century when the Spanish withdrew from their former colonies. The newly independent countries wanted to ensure that their original borders would become their internationally recognized borders. Also, the principle has been applied to avoid wars between nations across borders, but unfortunately many such conflicts have occurred.
Similar difficulties arose as European powers began to withdraw from Africa. The application of uti possidetis in Africa has generally helped avoid border wars to date, with some exceptions. The doctrine was also applied after the fall of the powerful centralized governments of the former Soviet Union and Yugoslavia.
Success has been mixed, as uti possidetis juris does not always take into account ethnic and political distinctions in the regions. Boundaries can be created that arbitrarily divide communities. In some cases, conflict may arise between newly established nation states over borders and resources or between ethnic and political groups within a region.
