Decision Island of Palmas Case

1 decision

1.1 right discovery
1.2 contiguity
1.3 continuous , peaceful display of sovereignty

decision

huber ruled netherlands:

for these reasons

the arbitrator in conformity article of special agreement of 23 january 1925 decides that : island of palmas (or miangas) forms in entirety part of netherlands territory. done @ hague, fourth day of april 1928. max huber, arbitrator michiels van verduynen, secretary-general.

right discovery

the united states argued held island because had received actual title legitimate treaties original discoverer of island, spain. united states argued spain acquired title palmas when spain discovered island , island terra nullius. spain s title island, because part of philippines, ceded united states under treaty of paris (1898) after spain s defeat in spanish–american war. arbitrator noted no new international law invalidated legal transfer of territory via cession.

however, arbitrator noted spain not legally grant did not hold , treaty of paris not grant palmas united states if spain had no actual title it. arbitrator concluded spain held [1] title when spain discovered palmas. however, sovereign maintain initial title via discovery, arbitrator said discoverer had exercise authority simple act planting flag on beach. spain did not exercise authority on island after making initial claim after discovery , american claim based on relatively weak grounds.

contiguity

the united states argued palmas american territory because island closer philippines netherlands east indies. arbitrator said there no positive international law american view of terra firma in nearest continent or island of considerable size gives title land in dispute. arbitrator held mere proximity not adequate claim land , noted if international community followed proposed american approach, lead arbitrary results.

continuous , peaceful display of sovereignty

the netherlands primary contention held actual title because netherlands had exercised authority on island since 1677. arbitrator noted united states had failed show documentation proving spanish sovereignty on island except documents mentioned island s discovery. additionally, there no evidence palmas part of judicial or administrative organization of spanish government of philippines. however, netherlands showed dutch east india company had negotiated treaties local princes of island since 17th century , had exercised sovereignty, including requirement of protestantism , denial of other nationals on island. arbitrator pointed out if spain had exercised authority, there have been conflicts between 2 countries, none provided in evidence.

thus, title inchoate cannot prevail on definite title found on continuous , peaceful display of sovereignty. peaceful , continuous display of territorial sovereignty title. however, discovery alone, without subsequent act, cannot suffice prove sovereignty on island. territorial sovereignty of defendant, netherlands, not contested 1700 1906 title of discovery @ best inchoate title , not prevail on netherlands claims of sovereignty.