Occupation as a mode of acquiring state territory – evolution of doctrine and practice Cover Image

Zawłaszczenie jako sposób nabycia terytorium państwowego – ewolucja doktryny i praktyki
Occupation as a mode of acquiring state territory – evolution of doctrine and practice

Author(s): Jan Rudnicki
Subject(s): Law, Constitution, Jurisprudence
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: occupation; terra nullius; international territory; Roman territory

Summary/Abstract: Occupation of terra nullius is an institution of international law with clearly private law origins. Its genesis bounds with the age of discoveries and questions about the legal title to the new lands. The eventual negation of formerly questioned pope’s privilege to dispose the pagan lands resulted in the need for new legal concepts. The classics of international law derived the institution of occupation from Roman private law and – after developing a theory that it is a concept of the law of nature – transferred it on the field of international relations. The article presents the evolution of occupation in the international law, especially focusing on the issue, which actions of nations were considered to be sufficient to establish a title to terra nullius. The process lead to universal recognition of the effective occupation doctrine, which plays a significant role in certain international disputes until today.

  • Issue Year: 25/2014
  • Issue No: 4
  • Page Range: 125-143
  • Page Count: 19
  • Language: Polish