Reviewed case brief

Island of Palmas Case (Netherlands v United States of America)

(1928) 2 RIAA 829

## Summary

PILterritorial-sovereigntyeffective-occupationdiscoveryintertemporal-law
Court
Permanent Court of Arbitration
Year
1928
Subjects
Public International Law
Reviewed
2026-06-18

Rule established

Continuous and peaceful display of state authority is a stronger title to territory than discovery alone; discovery creates only an inchoate title that must be perfected by effective occupation.

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        (1928) 2 RIAA 829; verified via Reports of International Arbitral Awards

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.