Friday, September 9, 2022

Status Quo Ante Bellum

 Status Quo Ante Bellum

The term status quo ante bellum is a Latin phrase meaning "the situation as it existed before the war".[1] The term was originally used in treaties to refer to the withdrawal of enemy troops and the restoration of prewar leadership. When used as such, it means that no side gains or loses any territorial, economic, or political rights. This contrasts with uti possidetis, where each side retains whatever territory and other property it holds at the end of the war. 

 

Uti Possidetis:  

Uti possidetis is an expression that originated in Roman private law, where it was the name of a procedure used in litigation about land. It came from a praetorial edict that could be abbreviated "As you possess, so shall you possess". Later, by a misleading analogy, the phrase was transferred to international law, where it has had more than one meaning.

In Rome, if two parties disputed possession of land, the praetor preferred the one who was in actual occupation, unless he had got it from the other by force, stealth or as a temporary favour (nec vi, nec clam, nec precario). The contest was initiated by an interdict called uti possidetis. The winner was confirmed or restored in possession, and the party who lost was ordered not to displace him by force. The winner got no rights against the rest of the world, however, since he had got mere possession not ownership: anyone else might conceivably have a right to displace him.

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