Island of Palmas Case (Netherlands v USA) (1928) resolved a territorial dispute between the Netherlands and the United States, setting the principle of effective sovereignty over historical claims or discovery. Consistent governance and peaceful administration determines rightful ownership.
This case law note has been reviewed by a law tutor
🏛️ Place of Hearing: The Hague 🗓️ Arbitration Award Date: 4 April 1928 🗂️ Where Reported: United Nations, Volume II, pp. 829-871 📍 Jurisdiction: International
⚖️ Legal Principles
1️⃣
Effective Control: Sovereignty requires continuous and peaceful display of authority, such as governance and administration, over the disputed territory. Symbolic acts like discovery or cartographic inclusion are insufficient. Effective control ensures actual exercise of state functions, demonstrating tangible authority over a region, especially when competing historical claims exist.