El “Uti Possidetis” un principio americano y no europeo
Since that time when Jeremiah Bentham, used the term of Public International Law (1789), other authors such as Francisco Victoria, Francisco Suárez, Hugo Grotius, followed indiscriminately using it to justify various theories in the field of natural law to resolve a conflict that eventually nations...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2012
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5167629 |
| Source: | Misión Jurídica: Revista de derecho y ciencias sociales, ISSN 1794-600X, Vol. 5, Nº. 5, 2012, pags. 145-163 |
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| Summary: |
Since that time when Jeremiah Bentham, used the term of Public International Law
(1789), other authors such as Francisco Victoria, Francisco Suárez, Hugo Grotius, followed
indiscriminately using it to justify various theories in the field of natural law to resolve a
conflict that eventually nations may arise between the time of independence. Likewise, the legal
instrument that regulates relations excellence among subjects are international treaties and the
general principles governing the law of Treaties: The pacta sunt servanda (treaties must be met);
Bona Fide (All Treaties must be fulfilled in good faith); Ex Consensus Advenit Vinculum (Del
consent becomes the obligation) Inter Res Alios Act (treaties only create obligations between
the parties), other things being equal (a party fails to comply with the Treaty when obligations are
a threat to its existence). This means that the Vienna Convention does not explicitly enshrines
the principle of Roman law ecumenical "Uti Possidetis". Perhaps that is why some scholars
believe that one of the major contributions of the American Continent Public international law
has been the principle of uti possidetis, used as a way to resolve questions (Are the conflicts?)
arising geographical boundaries between states or countries Latin American, and supporters
of the existence of a regional law with its own physiognomy, and include this principle
repeatedly between the characteristic features of American international law. The principle of
uti possidetis was essential legal tool to resolve conflicts between states bordering Hispanic
Americans from 1810 to the present and delve further allows the background that explains the rights acquired by the Colombian state against international claim made by the government
of Nicaragua, and is a historical view to explain the reasons for asserting that the overseas
territories as San Andres, Providencia and Santa Catalina and other keys are of Colombian
and Nicaraguan jurisdiction. In short, the life of this American continent ecumenical principle
serves to delineate borders between countries, prevent and resolve boundary disputes, and be
useful tool to define international disputes between States. |
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