The act of cession is the assignment of property to another entity. In international law it commonly refers to land transferred by treaty. Ballentine's Law Dictionary defines cession as "a surrender; a giving up; a relinquishment of jurisdiction by a board in favor of another agency." [1] In contrast with annexation, where property is forcibly seized, cession is voluntary or at least apparently so.
In 1790, the U.S. states of Maryland and Virginia both ceded land to create the District of Columbia, as specified in the U.S. Constitution of the previous year. The Virginia portion was given back in 1847, a process known as "retrocession".
Following the First Opium War (1839–1842) and Second Opium War (1856–1860), Hong Kong (Treaty of Nanking) and Kowloon (Convention of Peking) were ceded by the Qing dynasty government of China to the United Kingdom; and following defeat in the First Sino-Japanese War, Taiwan was ceded to the Empire of Japan in 1895.
Territory can also be ceded for payment, such as in the Louisiana Purchase and Alaska Purchase.
This is a yielding up, or release. [2] France ceded Louisiana to the United States by the treaty of Paris, of April 30, 1803 following the Louisiana Purchase. Spain made a cession of East and West Florida by the treaty of February 22, 1819. Cessions have been severally made of a part of their territory by New York, Virginia, Massachusetts, Connecticut, South Carolina, North Carolina, and Georgia.
Under the civil law system, cession is the equivalent of assignment, and therefore, is an act by which a personal claim is transferred from the assignor (the cedent) to the assignee (the cessionary). Whereas real rights are transferred by delivery, personal rights are transferred by cession. Once the obligation of the debtor is transferred, the cessionary is entirely substituted. The original creditor (cedent) loses his right to claim and the new creditor (cessionary) gains that right.
When an ecclesiastic is created bishop, or when a parson or rector takes another benefice without dispensation, the first benefice becomes void by a legal cession, or surrender.
Retrocession is the return of something (e.g., land or territory) that was ceded in general or, specifically:
Examples:
In insurance, retrocessional arrangements generally are governed by a reinsurance or retrocessional agreement and the principles applicable to reinsurance also are applicable to retrocessional cover.
The Louisiana Purchase was the acquisition of the territory of Louisiana by the United States from the French First Republic in 1803. This consisted of most of the land in the Mississippi River's drainage basin west of the river. In return for fifteen million dollars, or approximately eighteen dollars per square mile, the United States nominally acquired a total of 828,000 sq mi now in the Central United States. However, France only controlled a small fraction of this area, most of which was inhabited by Native Americans; effectively, for the majority of the area, the United States bought the preemptive right to obtain Indian lands by treaty or by conquest, to the exclusion of other colonial powers.
The Compromise of 1850 was a package of five separate bills passed by the United States Congress in September 1850 that temporarily defused tensions between slave and free states in the years leading up to the American Civil War. Designed by Whig senator Henry Clay and Democratic senator Stephen A. Douglas, with the support of President Millard Fillmore, the compromise centered on how to handle slavery in recently acquired territories from the Mexican–American War (1846–48).
The political status of Taiwan or the Taiwan issue is an ongoing geopolitical dispute about Taiwan, currently controlled by the Republic of China (ROC), that arose in the mid-twentieth century. Originally based in mainland China before and during World War II, the ROC government retreated to Taiwan in 1949 after it was defeated by the Chinese Communist Party (CCP) during the Chinese Civil War and the subsequent establishment of the People's Republic of China (PRC). Since then, the effective jurisdiction of the ROC has been limited to Taiwan, Penghu, Kinmen, Matsu, and smaller islands.
The Convention of Peking or First Convention of Peking is an agreement comprising three distinct unequal treaties concluded between the Qing dynasty of China and Great Britain, France, and the Russian Empire in 1860.
West Florida was a region on the northern coast of the Gulf of Mexico that underwent several boundary and sovereignty changes during its history. As its name suggests, it was formed out of the western part of former Spanish Florida, along with lands taken from French Louisiana; Pensacola became West Florida's capital. The colony included about two thirds of what is now the Florida Panhandle, as well as parts of the modern U.S. states of Louisiana, Mississippi, and Alabama.
The Mexican Cession is the region in the modern-day Western United States that Mexico previously controlled, then ceded to the United States in the Treaty of Guadalupe Hidalgo in 1848 after the Mexican–American War. This region had not been part of the areas east of the Rio Grande that had been claimed by the Republic of Texas, which had been claiming independence since its Texas Revolution of 1836 and subsequent brief war for independence, followed afterwards a decade later by the American annexation and admitted statehood in 1845. It had not specified the southern and western boundary of the new state of Texas with New Mexico consisting of roughly 529,000 square miles (1,370,000 km2), not including any Texas lands, the Mexican Cession was the third-largest acquisition of territory in U.S. history, surpassed only by the 827,000-square-mile (2,140,000 km2) Louisiana Purchase of 1803 and the later 586,000-square-mile (1,520,000 km2) Alaska Purchase from Russia in 1867.
The territory of the United States and its overseas possessions has evolved over time, from the colonial era to the present day. It includes formally organized territories, proposed and failed states, unrecognized breakaway states, international and interstate purchases, cessions, and land grants, and historical military departments and administrative districts. The last section lists informal regions from American vernacular geography known by popular nicknames and linked by geographical, cultural, or economic similarities, some of which are still in use today.
Reinsurance is insurance that an insurance company purchases from another insurance company to insulate itself from the risk of a major claims event. With reinsurance, the company passes on ("cedes") some part of its own insurance liabilities to the other insurance company. The company that purchases the reinsurance policy is referred to as the "ceding company" or "cedent". The company issuing the reinsurance policy is referred to as the "reinsurer". In the classic case, reinsurance allows insurance companies to remain solvent after major claims events, such as major disasters like hurricanes or wildfires. In addition to its basic role in risk management, reinsurance is sometimes used to reduce the ceding company's capital requirements, or for tax mitigation or other purposes.
The state cessions are the areas of the United States that the separate states ceded to the federal government in the late 18th and early 19th centuries. The cession of these lands, which for the most part lay between the Appalachian Mountains and the Mississippi River, was key to establishing a harmonious union among the former British colonies.
District of Columbia retrocession is the act of returning some or all of the land that had been ceded to the federal government of the United States for the purpose of creating its federal district for the new national capital, which was moved from Philadelphia to what was then called the City of Washington in 1800. The land was originally ceded to the federal government by Virginia and Maryland in 1790. After moving through various stages of federal and state approval, the Virginia portion was returned in March 1847.
The West Florida Controversy included two border disputes that involved Spain and the United States in relation to the region known as West Florida over a period of 37 years. The first dispute commenced immediately after Spain received the colonies of West and East Florida from the Kingdom of Great Britain following the American Revolutionary War. Initial disagreements were settled with Pinckney's Treaty of 1795.
The 1826 Treaty of Washington was a treaty between the United States and the Creek Confederacy, led by Opothleyahola. The Creek National Council ceded much of their territory bordering Georgia to the United States.
Retrocession Day is the annual observance and former public holiday in Taiwan commemorating the end of Japanese rule of Taiwan and Penghu and the claimed retrocession ("return") of Taiwan to the Republic of China on 25 October 1945. However, the idea of "Taiwan retrocession" remains in dispute.
The Convention between the United Kingdom and China, Respecting an Extension of Hong Kong Territory, commonly known as the Convention for the Extension of Hong Kong Territory or the Second Convention of Peking, was a lease and unequal treaty signed between Qing China and the United Kingdom in Peking on 9 June 1898, leasing to the United Kingdom for 99 years, at no charge, the New Territories and northern Kowloon, including 235 islands.
The Treaty of Aranjuez (1801) was signed on 21 March 1801 between France and Spain. It confirmed a previous secret agreement in which Spain agreed to exchange Louisiana for territories in Tuscany. The treaty also stipulated Spain's cession of Louisiana to be a "restoration", not a retrocession.
The Sino-Portuguese Treaty of Peking was a trade unequal treaty between the Kingdom of Portugal and the Qing dynasty of China, signed on 1 December 1887. It is counted by the Chinese as among the unequal treaties in the aftermath of the Second Opium War. The treaty gave Portugal perpetual colonial rights to Macau on the condition that Portugal would cooperate in efforts to end the smuggling of opium.
A number of methods of acquisition of sovereignty are or have been recognised by international law as lawful methods by which a state may acquire sovereignty over territory. International law adopts much of Roman property law in regards to acquisition of sovereignty due to the underlying European civil law at the time of early discovery voyages such as Christopher Columbus. The basis of acquisition of states ownership of vacant territory therefore continues to apply,.
The 1763 Treaty of Paris ended the major war known by Americans as the French and Indian War and by Canadians as the Seven Years' War / Guerre de Sept Ans, or by French-Canadians, La Guerre de la Conquête. It was signed by Great Britain, France and Spain, with Portugal in agreement. Preferring to keep Guadeloupe, France gave up Canada and all of its claims to territory east of the Mississippi River to Britain. With France out of North America this dramatically changed the European political scene on the continent.
The Treaty of Pontotoc Creek was a treaty signed on October 20, 1832 by representatives of the United States and the Chiefs of the Chickasaw Nation assembled at the National Council House on Pontotoc Creek in Pontotoc, Mississippi. The treaty ceded the 6,283,804 million acres of the remaining Chickasaw homeland in Mississippi in return for Chickasaw relocation on an equal amount of land west of the Mississippi River.