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    Island of Palmas Case

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    PNP Mayoyao
    The United States and the Netherlands both claimed ownership of the Island of Palmas. The US claimed it as part of the Philippines based on discovery and cession from Spain in 1898. However, the Netherlands had continuously and peacefully displayed sovereignty over the island since 1677 by governing the local populations and signing treaties. The arbitrator ruled in favor of the Netherlands, finding that its definite title based on continuous display of sovereignty prevailed over the US's inchoate title of discovery alone.

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    Island of Palmas Case

    Uploaded by

    PNP Mayoyao
    24 views1 page
    The United States and the Netherlands both claimed ownership of the Island of Palmas. The US claimed it as part of the Philippines based on discovery and cession from Spain in 1898. However, the Netherlands had continuously and peacefully displayed sovereignty over the island since 1677 by governing the local populations and signing treaties. The arbitrator ruled in favor of the Netherlands, finding that its definite title based on continuous display of sovereignty prevailed over the US's inchoate title of discovery alone.

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    The United States and the Netherlands both claimed ownership of the Island of Palmas. The US claimed it as part of the Philippines based on discovery and cession from Spain in 1898. However, the Netherlands had continuously and peacefully displayed sovereignty over the island since 1677 by governing the local populations and signing treaties. The arbitrator ruled in favor of the Netherlands, finding that its definite title based on continuous display of sovereignty prevailed over the US's inchoate title of discovery alone.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    24 views1 page

    Island of Palmas Case

    Uploaded by

    PNP Mayoyao
    The United States and the Netherlands both claimed ownership of the Island of Palmas. The US claimed it as part of the Philippines based on discovery and cession from Spain in 1898. However, the Netherlands had continuously and peacefully displayed sovereignty over the island since 1677 by governing the local populations and signing treaties. The arbitrator ruled in favor of the Netherlands, finding that its definite title based on continuous display of sovereignty prevailed over the US's inchoate title of discovery alone.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Island of Palmas Case (United States v.

    The Netherlands)
    View this case and other resources at:

    Citation. Perm. Ct. of Arbitration, 2 U.N. Rep. Int’l Arb. Awards 829 (1928).

    Brief Fact Summary. Both the United States (P) laid claim to the ownership of the
    Island of Palmas. While the U.S. (P) maintained that it was part of the Philippines, the
    Netherlands (D) claimed it as their own.

    Synopsis of Rule of Law. A title that is inchoate cannot prevail over a definite title
    found on the continuous and peaceful display of sovereignty.

    Facts. Both the United States (P) laid claim to the ownership of the Island of Palmas.
    While the U.S. (P) maintained that it was part of the Philippines, the Netherlands (D)
    claimed it as their own. The claim of the U.S. (P) was back up with the fact that the
    islands had been ceded by Spain by the Treaty of Paris in 1898, and as successor to
    the rights of Spain over the Philippines, it based its claim of title in the first place on
    discovery. On the part of the Netherlands (D), they claimed to have possessed and
    exercised rights of sovereignty over the island from 1677 or earlier to the present.

    Issue. Can a title which is inchoate prevail over a definite title found on the
    continuous and peaceful display of sovereignty?

    Held. (Huber, Arb.). No. A title that is inchoate cannot prevail over a definite title
    found on the continuous and peaceful display of sovereignty. The peaceful and
    continuous display of territorial sovereignty is as good as title. However, discovery
    alone without subsequent act cannot suffice to prove sovereignty over the island. The
    territorial sovereignty of the Netherlands (D) was not contested by anyone from 1700
    to 1906. The title of discovery at best an inchoate title does not therefore prevail over
    the Netherlands (D) claims of sovereignty.

    Discussion. Evidence of contracts made by the East India Company and the


    Netherlands (D) was examined by the arbitrator. The claims made by the Netherlands
    (D) were also based on the premise of the convention it had with the princes and
    native chieftains of the islands. Hence, at the time of the Treaty of Paris in 1898, Spain
    was found not to have dominion over the island.
    y 4,700 private U.S. claims, ordered payment by Iran (D) to U.S. nationals amounting
    to over $2.5 billion.

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