Island of Palmas Case

Last updated
Island of Palmas
Permanent Court of Arbitration - Cour permanente d'arbitrage.svg
Court Permanent Court of Arbitration
Full case nameIsland of Palmas (or Miangas) (United States v. The Netherlands)
Decided4 April 1928
Court membership
Judge sitting Max Huber, sole arbitrator
Case opinions
Decision by Max Huber

The Island of Palmas Case (Scott, Hague Court Reports 2d 83 (1932), (Perm. Ct. Arb. 1928), 2 U.N. Rep. Intl. Arb. Awards 829) was a territorial dispute over the Island of Palmas (or Miangas) between the Netherlands and the United States which was heard by the Permanent Court of Arbitration. Palmas (Indonesian : Pulau Miangas) was declared to be a part of the Netherlands East Indies and is now part of Indonesia.

Contents

The case is one of the most influential precedents dealing with island territorial conflicts.

Background

5°33′29″N126°35′05″E / 5.55804°N 126.5847°E / 5.55804; 126.5847

Philippines location map (square).svg
Red pog.svg
class=notpageimage|
Location of the Palmas, with the Philippines as a reference.
Indonesia location map.svg
Red pog.svg
class=notpageimage|
Location of the Palmas, with Indonesia as a reference.

Palmas (Miangas) is an island of little economic value or strategic location. It is 2.6 km in north–south length and 1.0 km in east–west width. [1] It had a population of about 750 in 1932, when the case was decided. The island is located approximately 100 miles ESE of General Santos, Philippines, and 70 miles north of the Talaud Islands, the next-northernmost part of Indonesia.

In 1898, Spain ceded the Philippines to the United States in the Treaty of Paris (1898) and Palmas is located within the boundaries of that cession. In 1906, the United States discovered that the Netherlands also claimed sovereignty over the island, and the two parties agreed to submit to binding arbitration by the Permanent Court of Arbitration. On 23 January 1925, the two governments signed an agreement to that effect. Ratifications were exchanged in Washington, D.C., on 1 April 1925. The agreement was registered in League of Nations Treaty Series on 19 May 1925. [2] The arbitrator in the case was Max Huber, a Swiss lawyer.

The question before the arbitrator was whether the Island of Palmas (Miangas) formed part of United States territory (referring to what is now the Philippines) or Dutch territory (referring to what is now Indonesia).

US arguments

Right by discovery

On 1 January 1906, General Leonard Wood, Governor of Moro Province, Philippines, visited Palmas. According to the Counter-Memorandum filed in the case by the United States, he had already visited the island in "about 1903". The report of Wood to the Military Secretary, United States Army, on 26 January 1906, and the certificate delivered on 21 January by First Lieutenant Gordon Johnston to the native interrogated by the controller of the Sangi (Sanghi) and Talauer (Talaut) Islands clearly show that the 21 January visit relates to the island in dispute. The visit led to the US statement that the Island of Palmas, undoubtedly included in the "archipelago known as the Philippine Islands," as delimited by Article III of the Treaty of Peace between the United States and Spain, also called "Treaty of Paris," and ceded in virtue of the said article to the United States, was considered by the Netherlands as forming part of the territory of its possessions in the East Indies. [3]

The United States, as the successor to the rights of Spain over the Philippines, based its title in the first place on discovery. The existence of sovereignty thus acquired was not merely confirmed by the most reliable cartographers and authors and even by treaty, particularly the Treaty of Münster of 1648, which was agreed to by Spain and the Netherlands. According to the same argument, nothing had occurred of a nature to cause the acquired title to disappear in international law. The United States argued the latter title at the moment when Spain ceded its title to the Philippines by the Treaty of Paris in 1898. Thus, it was unnecessary to establish facts showing the actual display of sovereignty precisely over the Island of Palmas.

Principle of contiguity

The American government finally maintained that Palmas forms a geographical part of the Philippine group and is closer to the Philippines than to the Dutch East Indies. Thus, the principle of contiguity substantiated the claim that it belongs to the power with sovereignty over the Philippines. [4]

Dutch arguments

Contesting the principle of contiguity, the Netherlands considered discovery by Spain was not proved, that the same held for any other form of acquisition, and that any such Spanish title would have been lost.

The main argument was that the Netherlands, represented by the East India Company, had possessed and exercised rights of sovereignty from 1677, or possibly from 1648. Sovereignty arose out of conventions entered into with native princes on Sangi (the main island of the Talautse Isles). to stabilize the sovereignty of the Netherlands over the territories of the princes, including Palmas (or Miangas) and this had been validated by international treaties. [5]

Issues

Huber had to determine "whether the Island of Palmas (or Miangas) in its entirety forms a part of territory belonging to the United States of America or of Netherlands territory." Based on the arguments made by both states, there were two main issues:

Decision

Huber ruled for the Netherlands:

For these reasons

The Arbitrator in conformity with Article I of the Special Agreement of 23 January 1925 DECIDES that : THE ISLAND OF PALMAS (or MIANGAS) forms in its entirety a part of the Netherlands territory. done at The Hague, this fourth day of April 1928. Max Huber, Arbitrator

Michiels van Verduynen, Secretary-General. [6]

Right by discovery

The United States argued that it held the island because it had received actual title by legitimate treaties from the original discoverer of the island, Spain. 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 no new international law invalidated the legal transfer of territory via cession.

However, the arbitrator noted that Spain could not legally grant what it did not hold and the Treaty of Paris could not grant Palmas to the United States if Spain had no actual title to it. The arbitrator concluded that Spain held an inchoate title when Spain "discovered" Palmas. However, for a sovereign to maintain its initial title via discovery, the arbitrator said that the discoverer had to actually exercise authority even by as simple an act as planting a flag on the beach. Spain did not exercise authority over the island after making an initial claim after discovery and so the American claim was based on relatively weak grounds.

Contiguity

The United States argued that Palmas was American territory because the island was closer to the Philippines than to the Netherlands East Indies. The arbitrator said that there was no positive international law for the American view of terra firma in which the nearest continent or island of considerable size gives title to the land in dispute. The arbitrator held that mere proximity was not an adequate claim to land and noted that if the international community followed the proposed American approach, that would lead to arbitrary results.

Continuous and peaceful display of sovereignty

The Netherlands' primary contention was that it held actual title because the Netherlands had exercised authority on the island since 1677. The arbitrator noted that the United States had failed to show documentation proving Spanish sovereignty on the island except the documents that specifically mentioned the island's discovery. Additionally, there was no evidence that Palmas was a part of the judicial or administrative organization of the Spanish government of the Philippines. However, the Netherlands showed that the Dutch East India Company had negotiated treaties with the local princes of the island since the 17th century and had exercised sovereignty, including a requirement of Protestantism and the denial of other nationals on the island. The arbitrator pointed out that if Spain had actually exercised authority, there would have been conflicts between the two countries, but none is provided in the evidence.

Thus, a title that is inchoate cannot prevail over a definite title found on the continuous and peaceful display of sovereignty. Peaceful and continuous display of territorial sovereignty is as good as title. However, discovery alone, without a subsequent act, cannot suffice to prove sovereignty over the island. The territorial sovereignty of the defendant, Netherlands, was not contested by anyone from 1700 to 1906 so the title of discovery was, at best, an inchoate title and does not prevail over the Netherlands claims of sovereignty. [4]

Precedent

Under the decision, three precedents for resolving island territorial disputes were decided:

Inter-temporal rule

The decision has also served as a basis for the definition of the inter-temporal rule in international law (tempus regit actum). [7] [8] [9] The rule as enunciated by Huber distinguished between the creation of rights, and the existence of rights:

"A judicial fact must be appreciated in the light of the law contemporary with it, and not of the law in force at the time such a dispute in regard to it arises or falls to be settled." [7]

However:

"The same principle which subjects the act creative of a right to the law in force at the time the right arises, demands that the existence of the right, in other words its continued manifestation, shall follow the conditions required by the evolution of the law." [7]

See also

Related Research Articles

<span class="mw-page-title-main">Permanent Court of Arbitration</span> Intergovernmental organization

The Permanent Court of Arbitration (PCA) is a non-UN intergovernmental organization located in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides services of arbitral tribunal to resolve disputes that arise out of international agreements between member states, international organizations or private parties. The cases span a range of legal issues involving territorial and maritime boundaries, sovereignty, human rights, international investment, and international and regional trade. The PCA is constituted through two separate multilateral conventions with a combined membership of 122 states. It is not a United Nations agency, but a United Nations observer.

<span class="mw-page-title-main">Treaty of Paris (1898)</span> Treaty ending the Spanish–American War

The Treaty of Peace between the United States of America and the Kingdom of Spain, commonly known as the Treaty of Paris of 1898, was signed by Spain and the United States on December 10, 1898, that ended the Spanish–American War. Under it, Spain relinquished all claim of sovereignty over and title to territories described there as the island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and the island of Guam in the Marianas or Ladrones, the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line:, to the United States. The cession of the Philippines involved a compensation of $20 million from the United States to Spain.

<i>Terra nullius</i> International law term for unclaimed land

Terra nullius is a Latin expression meaning "nobody's land". It was a principle sometimes used in international law to justify claims that territory may be acquired by a state's occupation of it. There are currently three territories sometimes claimed to be terra nullius: Bir Tawil, four pockets of land near the Danube due to the Croatia–Serbia border dispute, and parts of Antarctica, principally Marie Byrd Land.

<span class="mw-page-title-main">Scarborough Shoal</span> China-controlled disputed atoll in the South China Sea

Scarborough Shoal, also known as Bajo de Masinloc, Panatag Shoal, Huangyan Island, and Democracy Reef, are two rocks in an atoll administered by China in the South China Sea. It is located between Macclesfield Bank, a sunken atoll of underwater reefs and shoals east of the Paracel islands and Luzon, the nearest landmass, 220 kilometres (119 nmi) away and the largest island of the Philippines.

<span class="mw-page-title-main">North Borneo dispute</span> Territorial dispute between the Philippines and Malaysia

The North Borneo dispute, also known as the Sabah dispute, is the territorial dispute between Malaysia and the Philippines over much of the eastern part of the state of Sabah. Sabah was previously known as North Borneo prior to the formation of the Malaysian federation.

The Bering Sea Arbitration of 1893 arose out of a fishery dispute between the United Kingdom of Great Britain and Ireland and the United States in the 1880s. The United States Revenue Cutter Service, today known as the United States Coast Guard, captured several Canadian sealer vessels throughout the conflict. Diplomatic representations followed the capture of the first three ships and an order for release was issued by the British imperial government, but it did nothing to stop the seizures and none were released. This led to the U.S. claiming exclusive jurisdiction over the sealing industry in the Bering Sea, and that led to negotiations outside of the courts. The award was given in favor of the British, however, and the Americans were denied exclusive jurisdiction. The British were awarded compensation for the damage that had been inflicted on their vessels, and the American sealing zone remained as it was prior to the conflict.

Intertemporal law is a concept in the field of legal theory.

<span class="mw-page-title-main">Guayana Esequiba</span> Disputed territory in South America

Guayana Esequiba, sometimes also called Esequibo or Essequibo, is a disputed territory of 159,500 km2 (61,600 sq mi) west of the Essequibo River that is administered and controlled by Guyana but claimed by Venezuela. The boundary dispute was inherited from the colonial powers and has been complicated by the independence of Guyana from the United Kingdom in 1966.

<span class="mw-page-title-main">Arbitration</span> Method of dispute resolution

Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons, which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding.

The Philippines has claimed many territories throughout its history. These territories include the Spratly Islands, portions of North Borneo, and the Scarborough Shoal.

The discovery doctrine, or doctrine of discovery, is a disputed interpretation of international law during the Age of Discovery, introduced into United States municipal law by the US Supreme Court Justice John Marshall in Johnson v. McIntosh (1823). In Marshall's formulation of the doctrine, discovery of territory previously unknown to Europeans gave the discovering nation title to that territory against all other European nations, and this title could be perfected by possession. A number of legal scholars have criticized Marshall's interpretation of the relevant international law. In recent decades, advocates for Indigenous rights have campaigned against the doctrine. In 2023, the Vatican formally repudiated the doctrine.

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 sovereignty of the Philippines refers to the status of the Philippines as an independent nation. This article covers sovereignty transitions relating to the Philippines, with particular emphasis on the passing of sovereignty from Spain to the United States in the Treaty of Paris (1898), signed on December 10, 1898 to end the Spanish–American War. US President William McKinley asserted the United States' sovereignty over the Philippines on December 21, 1898 through his Benevolent Assimilation Proclamation.

Investor-state dispute settlement (ISDS) or investment court system (ICS) is a system through which countries can be sued by foreign investors for certain state actions affecting foreign direct investment (FDI). This system most often takes the form of international arbitration between a foreign investor and the nation receiving the FDI.

<span class="mw-page-title-main">Manila Accord</span> 1963 treaty between Indonesia, Malaya, and the Philippines

The Manila Accord was signed on 31 July 1963 by the Federation of Malaya, the Republic of Indonesia and the Republic of the Philippines, after a meeting from 7 to 11 June 1963 in Manila.

<span class="mw-page-title-main">Spratly Islands dispute</span> Territorial dispute between China and Southeast Asian countries.

The Spratly Islands dispute is an ongoing territorial dispute between China, the Philippines, Taiwan, Malaysia, Vietnam, and Brunei, concerning "ownership" of the Spratly Islands, a group of islands and associated "maritime features" located in the South China Sea. The dispute is characterized by diplomatic stalemate and the employment of military pressure techniques in the advancement of national territorial claims. All except Brunei occupy some of the maritime features.

<span class="mw-page-title-main">Venezuelan crisis of 1895</span> Political crisis in Venezuela in the 19th century

The Venezuelan crisis of 1895 occurred over Venezuela's longstanding dispute with the United Kingdom of Great Britain and Ireland about the territory of Essequibo and Guayana Esequiba, which Britain claimed as part of British Guiana and Venezuela saw as Venezuelan territory. As the dispute became a crisis, the key issue became Britain's refusal to include in the proposed international arbitration the territory east of the "Schomburgk Line", which a surveyor had drawn half-a-century earlier as a boundary between Venezuela and the former Dutch territory ceded by the Dutch in the Anglo-Dutch Treaty of 1814, later part of British Guiana. The crisis ultimately saw Britain accept the United States' intervention in the dispute to force arbitration of the entire disputed territory, and tacitly accept the US right to intervene under the Monroe Doctrine. A tribunal convened in Paris in 1898 to decide the matter, and in 1899 awarded the bulk of the disputed territory to British Guiana.

<span class="mw-page-title-main">Miangas</span> Northernmost Island in Indonesia

Miangas or Palmas is North Sulawesi's northernmost island, and one of 92 officially listed outlying islands of Indonesia.

<i>Philippines v. China</i> 2016 international arbitration case

Philippines v. China, also known as the South China Sea Arbitration, was an arbitration case brought by the Republic of the Philippines against the People's Republic of China (PRC) under Annex VII of the United Nations Convention on the Law of the Sea concerning certain issues in the South China Sea, including the nine-dash line introduced by the mainland-based Republic of China since as early as 1947. A tribunal of arbitrators appointed the Permanent Court of Arbitration (PCA) as the registry for the proceedings.

<span class="mw-page-title-main">Indonesia–Philippines border</span>

The border between Indonesia and the Philippines consists of a maritime boundary mainly on the Celebes Sea that separates the two Southeast Asian countries as defined through a pact that was signed by both parties in 2014. The border is also the Exclusive Economic Zone (EEZ) boundary between Indonesia and the Philippines, which is delimited through eight geographic coordinate points. It has a length of 1,162.2 kilometres dividing across the Celebes Sea to the Philippine Sea.

References

  1. ↑ Satellite view of 5.55804/126.58470
  2. ↑ League of Nations Treaty Series, vol. 33, pp. 446-453.
  3. ↑ Jessup, Philip C. (1928). "The Palmas Island Arbitration". The American Journal of International Law. 22 (4): 735–752. doi:10.2307/2188429. JSTOR   2188429. S2CID   147068663.
  4. 1 2 Epps, Valerie. International Law (4th ed. 2009).
  5. ↑ "The Island of Palmas Case". Permanent Court of Arbitration. 1928.
  6. ↑ Paraphrased from THE ISLAND OF PALMAS CASE (OR MIANGAS) : UNITED STATES OF AMERICA V. THE NETHERLANDS Archived 2012-08-21 at the Wayback Machine , PERMANENT COURT OF ARBITRATION, 4 April 1928, p. 39.
  7. 1 2 3 Higgins, Rosalyn (1993). "Some observations on the Inter-temporal rule in International Law". In Makarczyk, J. (ed.). Theory of International Law at the Threshold of the 21st Century; Essays in honour of Krzysztof Skubiszewski. Kluwer Law International. pp. 173–181.
  8. ↑ Elias, T. O. (1980). "The Doctrine of Intertemporal Law". American Journal of International Law. 74 (2): 285–307. doi:10.2307/2201503. ISSN   0002-9300. JSTOR   2201503. S2CID   143623395.
  9. ↑ Wheatley, Steven (2020-12-21). "Revisiting the Doctrine of Intertemporal Law". Oxford Journal of Legal Studies. 41 (2): 484–509. doi:10.1093/ojls/gqaa058. ISSN   0143-6503. PMC   8298020 . PMID   34305451.

Sources

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.