Define: Uti Possidetis

Uti possidetis is a principle that dictates that when a territory achieves independence, its boundaries will remain unchanged from when it was a colony. This implies that the newly formed country will retain the same borders it had prior to gaining independence. It can be likened to the notion of “keeping what you already have.” In Roman law, it also signifies that if two individuals are engaged in a dispute over land ownership, they must maintain the status quo until a judge determines the rightful owner.

Uti possidetis is a Latin term with two distinct meanings. In the realm of international law, it signifies the doctrine that colonial administrative boundaries will transform into international boundaries upon the attainment of independence by a political subdivision or colony. In Roman law, it denotes an interdict that instructs the litigants in a lawsuit to preserve the possession of real property in its current state until a determination is reached regarding its ownership. For instance, the African continent serves as an illustration of the first meaning of uti possidetis. When African nations gained independence from their colonial rulers, they inherited the administrative boundaries established by those powers. Consequently, the new countries were obliged to accept the borders delineated by the colonial powers, even if they were deemed unfavorable or unjust. On the other hand, the second meaning of uti possidetis can be exemplified by a dispute between two neighbours over a parcel of land. If both parties assert ownership of the land, a court may issue an interdict mandating them to maintain possession of the land in its current condition until a verdict is rendered on its ownership. This implies that neither party can undertake any action that would alter the state of the land until the court reaches a decision. These examples demonstrate how uti possidetis can be applied in diverse contexts, while the fundamental principle remains consistent: upholding the status quo until a determination is made regarding ownership or boundaries.

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This glossary post was last updated: 17th April 2024.