8/19/2019 Pil Palmas Island Case
1/2
The island of Palmas is located between the islands of
Mindanao in the Philippines
and Nanusa in the Netherlands Indies.
According to Spain, it is within the boundaries of the
Philippines and so it is
surrendered to the US in 1!.
In 1!"#, an American $eneral, %eonard &ood, disco'ered that
the Neitherlands alsoclaimed so'ereignt( o'er the island.
So, the US and Netherland agreed to submit the dispute to
binding arbitration.
The Swiss )urist, Ma* +uber was the selected arbitrator
acting for the permanent
court of arbitration.
US SI-
According to the US, as successor to the rights of Spain o'er
the Philippines after
the war, the basis of the title should be the /rst place of
disco'er(.
That the e*istence their so'ereignt( o'er the island is
con/rmed also b( the Treat(of Munster, to which Spain and the
Netherlands are themsel'es contracting parties.
That nothing has occurred of a nature, in international
law, to cause the ac0uired
title to disappear when the Spain ceded to the Philippines to
the US.
Under these circumstances, it is in the American 'iew,
unnecessar( to establish
facts showing the actual displa( of so'ereignt( o'er the Island
of Palmas.
Also, the US a'ers that geographicall( speaing, it is part of
the Philippine group
and in 'irtue of the principle of contiguit( belongs to the
power ha'ing the
so'ereignt( o'er the Philippines.
Issue
&hether or not the Island of Palmas in its entiret( forms a
part of territor( belonging
to the US or of Netherlands territor(.
+eld
The continuous and peaceful displa( of territorial
so'ereignt( is as good as a title.
The principle that continuous and peaceful displa( of the
functions of state within a
gi'en region is a constituent element of territorial so'ereignt(
is not onl( based onconditions of the formation of independent
states and their boundaries, as well as
on an international )urisprudence and doctrine widel( accepted,
this principle had
further been recogni2ed in more than one federal state, where
)urisdiction is
established in order to appl(, as need arises, rules of
international law in the
interstate relations of the states members.
