Alona Jean A Baran

Assignment 3- PUBLIC INTERNATIONAL LAW

Atty. Bernice Joana L. Piñol

I. THE LAS PALMAS CASE

In the Las Palmas Case, the Facts were as follows:

On January 23, 1925, the United States of America and the Netherlands referred
their dispute concerning sovereignty over the Island of Palmas to arbitration by a
sole arbitrator.

The United States claimed that they have a better right to exercise sovereignty over
the Island of Las Palmas since the subject island is 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 known as the "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.
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.

The Netherlands considered that the fact of discovery by Spain was not proved, and
the same held for any other form of acquisition. Even if Spain had ever the title, it
had been lost. The principle of contiguity was contested.
The main argument was that the Netherlands, represented by the East India
Company, possessed and exercised rights of sovereignty from 1677 or even prior to
1648. Sovereignty arose out of conventions entered into with native princes of
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). That
state of affairs set up was claimed to be validated by international treaties.
ISSUE:

Whether or not an inchoate title prevail over a definite title founded on continuous
and peaceful display of sovereignty.

RULING:

In his award, the sole arbitrator attached limited significance to discovery as a basis
of title and elaborated on the legal effect of the peaceful and continuous display of
state authority over territory. The arbitrator further considered the role of
acquiescence and recognition in circumstances of competing acts of possession, and
the principle nemo dat quod non habet in relation to treaties of cession.
 
To determine the question of title it was necessery for the arbitrator to consider
arguments about the presentation of evidence in legal proceedings and the specific
issue of maps. The arbitrator adoped a liberal approach towards the production of
evidence, but indicated that caution was required when assessing the value of
maps. 
 
The arbitrator concluded that even if it had been possible for Spain to have ceded
to the United States of America its inchoate title derived from discovery or
contiguity the inchoate title of the Netherlands could not have been modified by a
treaty concluded by third Powers; and such a treaty could not have impressed the
character of illegality on any act undertaken by the Netherlands with a view to
completing their inchoate title... at least as long as no dispute on the matter had
arisen. By the time a dispute had arisen, in 1906, the arbitrator found that the
establishment of Dutch authority had already reached such a degree of
development, that the importance of maintaining this state of things ought to be
considered as prevailing over a claim, possibly based either on discovery in very
distant times and unsupported by occupation or mere geographical position. For
these reasons, the arbitrator held that the Island of Palmas (or Miangas) formed in
its entirety a part of Netherlands territory.