UTI POSSIDETIS DOCTRINE

Abstract

This chapter presents the notion of uti possidetis doctrine. The expression uti possidetis derives from Roman law, where it formed one of the Praetorial possessory interdicts. This interdict was essentially a prohibition by the Praetor against interference with the possession of immovable property, and its purpose was to decide which of the claimants should be put in possession, and thus enjoy the favorable position of defendant in the vindicatio, or action for ownership. Thus, in Roman law, uti possidetis consisted of the award of interim possession, as a preliminary to the determination of ownership. The notion uti possidetis was first used by international lawyers to describe a method of determining what territorial changes had occurred as the result of a war. The international law of war gave the name uti possidetis to the system of consolidating the de facto situation resulting from hostilities and their aftermath. It used to apply in so far as the combatant States made no stipulation to the contrary; such States would continue in possession of what they already possessed.