Island of Palmas Case (or Miangas)

United States of America v. the Netherlands

Facts:

US AND Netherlands signed a Special Agreement pertaining to the arbitration of

differences regarding sovereignty over the Island of Palmas (Msiangas), ratified
on April 1, 1925. Palmas is a single isolated island about halfway between Cape
San Augustin (Mindanao, Philippines) and the most northern island of Nanusa
group (Netherlands East Indies). 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 to where it is to be
determined whether the Island of Palmas (or Miangas) in its entirety formed a
part of the territory belonging to the United States of America or of the territory of
the Netherlands. The two Parties claim the island in question as a territory
attached for a very long period to territories relatively close at hand which are
incontestably under the sovereignty of the one or the other of them.

The United States, as successor to the rights of Spain over the Philippines,
bases its title in the first place on discovery. The existence of sovereignty thus
acquired is, in the American view, confirmed not merely by the most reliable
cartographers and authors, but also by treaty, in particular by the Treaty of
Minster, of 1648, to which Spain and the Netherlands are themselves Contracting
Parties. In the American view, unnecessary to establish facts showing the actual
display of sovereignty precisely over the Island of Palmas. The United States
Government finally maintains that Palmas forms a geographical part of the
Philippine group; and in virtue of the principle of contiguity belongs to the Power
having the sovereignty over the Philippines. According to the Netherlands
Government, the fact of discovery by Spain is not proved, nor yet any other form
of acquisition, and even if Spain had at any moment had a title, such title had
been lost. The principle of contiguity is contested. The Netherlands Government's
main argument endeavors to show that the Netherlands, represented for this
purpose in the first period of colonization by the East India Company, have
possessed and exercised rights of sovereignty from 1677, or probably from a
date prior even to 1648, to the present day.

Issue:

Whether or not the principle of Territorial Sovereignty should apply

Ruling:

Territorial sovereignty is, in general, a situation recognized and delimited in

space, either by so-called natural frontiers as recognized by international law or
by outward signs of delimitation that are undisputed, or else by legal
engagements entered into between interested neighbours, such as frontier
conventions, or by acts of recognition of States within fixed boundaries. If a
dispute arises as to the sovereignty over a portion of territory, it is customary to
examine which of the States claiming sovereignty possesses a title— cession
conquest, occupation, etc.—superior to that which the other State might possibly
bring forward against it.

it must also be shown that the territorial sovereignty has continued to exist and
did exist at the moment which for the decision of the dispute must be considered
as critical. This demonstration consists in the actual display of State activities,
such as belongs only to the territorial sovereign.It seems therefore natural that an
element which is essential for the constitution of sovereignty should not be
lacking in its continuation. So true is this, that practice, as well as doctrine,
recognizes—though under different legal formulae and with certain differences as
to the conditions required—that the continuous and peaceful display of territorial
sovereignty (peaceful in relation to other States) is as good as a title.