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Legal Definitions - uti possidetis

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Definition of uti possidetis

Definition: Uti possidetis is a Latin term that has two meanings:

  1. In international law, it refers to the doctrine that colonial administrative boundaries will become international boundaries when a political subdivision or colony achieves independence.
  2. In Roman law, it refers to an interdict ordering the parties to a lawsuit to maintain the possession of real property as it stands pending a decision on who owns it.

Example: An example of the first meaning of uti possidetis is the case of the African continent. When African countries gained independence from their colonial powers, they inherited the administrative boundaries that were established by the colonial powers. This meant that the new countries had to accept the borders that were drawn by the colonial powers, even if they were not ideal or fair.

Example: An example of the second meaning of uti possidetis is a dispute between two neighbors over a piece of land. If both parties claim ownership of the land, a court may issue an interdict ordering them to maintain possession of the land as it stands until a decision is made on who owns it. This means that neither party can take any action that would change the state of the land until the court makes a ruling.

These examples illustrate how uti possidetis can be applied in different contexts, but the underlying principle is the same: maintaining the status quo until a decision is made on ownership or boundaries.

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Simple Definition

Uti possidetis is a rule that says when a place becomes independent, its borders will stay the same as they were when it was a colony. This means that the new country will keep the same borders it had before it became independent. It's like saying, "you get to keep what you already have." In Roman law, it also means that if two people are fighting over who owns a piece of land, they have to leave it as it is until a judge decides who really owns it.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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