Legal Definitions - uti possidetis juris

Uti possidetis juris (UPJ) is a fundamental principle of customary international law. The Latin phrase translates to "as you possess under law."

This principle dictates that when a colony gains independence and becomes a sovereign state, its international boundaries will generally be the same as the administrative boundaries that existed during its colonial period. Essentially, the new state inherits the borders it had as a colony.

The primary purpose of uti possidetis juris is to promote stability and prevent conflicts. By preserving existing colonial administrative lines as new international borders, it aims to avoid disputes and "fratricidal struggles" among newly independent states that might otherwise arise from attempts to redraw maps or claim territories. It also serves to prevent external powers from encroaching on territories that were part of a former colony but might have been sparsely populated or unexplored.

• Example 1: A Newly Independent Island Nation

  Imagine the "Republic of Coralina," which was formerly the colony of "Coralina Protectorate" under the administration of the "Oceanic Empire." For over a century, the Oceanic Empire had clearly defined the maritime and land borders of Coralina Protectorate through treaties with neighboring colonial powers and internal administrative decrees. When Coralina Protectorate achieves independence and becomes the Republic of Coralina, the principle of uti possidetis juris ensures that its international boundaries are precisely those established and recognized during its time as a colony. This prevents immediate border disputes with neighboring island nations or former colonies that shared a maritime boundary with Coralina, thereby contributing to regional stability.

• Example 2: Internal Colonial Divisions Becoming International Borders

  Consider the vast colonial territory of "Terra Magna," which was administered by the "Continental Dominion." The Continental Dominion had internally divided Terra Magna into two distinct administrative regions: "North Terra Magna" and "South Terra Magna," each with its own administrative capital, local laws, and separate governance structures, even though they were both part of the larger Terra Magna colony. If, upon decolonization, these two administrative regions gain independence as separate sovereign states (e.g., the "Federation of North Terra Magna" and the "Union of South Terra Magna"), the principle of uti possidetis juris would establish the former internal administrative line between them as their new international border. This prevents immediate conflict over territory that was already demarcated and managed by the colonial power, providing a clear basis for their new statehood.

• Example 3: Securing Unexplored Colonial Territory

  Let's envision the "Great Savannah," a large, largely uninhabited and partially unexplored region within the colonial territory of "Africalia," administered by the "Imperial Commonwealth." While the Imperial Commonwealth had a clear external boundary for Africalia, parts of the Great Savannah were remote and sparsely populated. As Africalia prepares for independence, the principle of uti possidetis juris ensures that the entire territory, including the unexplored Great Savannah, falls within the boundaries of the new independent state of Africalia, as defined by the Imperial Commonwealth's colonial administration. This prevents other powerful nations from attempting to claim parts of the savannah as "unclaimed" or "terra nullius" (no man's land) after the Imperial Commonwealth withdraws, thereby safeguarding the territorial integrity and stability of the nascent state from external interference.