The principle of postliminium, as a part of public international law, is a specific version of the maxim ex injuria jus non oritur, providing for the invalidity of all illegitimate acts that an occupant may have performed on a given territory after its recapture by the legitimate sovereign. Therefore, if the occupant has appropriated and sold public or private property that may not legitimately be appropriated by a military occupant, the original owner may reclaim that property without payment of compensation.[1] It derives from the ius postliminii, of Roman law. The codification of large areas of international law have made postliminium to a great extent superfluous though. It may either be seen as a historical concept, or a term generally describing the consequences to legal acts of an occupant after the termination of occupation.[2]
Referencesedit
^Lauterpacht, H., Oppenheim's International Law, Vol. II, pp. 616-620
^Woltag, J.-C.,'Postliminium' in Wolfrum, R. (ed) Max Planck Encyclopedia of Public International Law (Oxford University Press 2009) para. 1
Further readingedit
Woltag, J.-C., 'Postliminium' in Wolfrum, R. (ed) Max Planck Encyclopedia of Public International Law (Oxford University Press 2009). *"Max Planck Encyclopedia of Public International Law".
postliminium, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, july, 2007, l. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Postliminium news newspapers books scholar JSTOR July 2007 Learn how and when to remove this message The principle of postliminium as a part of public international law is a specific version of the maxim ex injuria jus non oritur providing for the invalidity of all illegitimate acts that an occupant may have performed on a given territory after its recapture by the legitimate sovereign Therefore if the occupant has appropriated and sold public or private property that may not legitimately be appropriated by a military occupant the original owner may reclaim that property without payment of compensation 1 It derives from the ius postliminii of Roman law The codification of large areas of international law have made postliminium to a great extent superfluous though It may either be seen as a historical concept or a term generally describing the consequences to legal acts of an occupant after the termination of occupation 2 References edit Lauterpacht H Oppenheim s International Law Vol II pp 616 620 Woltag J C Postliminium in Wolfrum R ed Max Planck Encyclopedia of Public International Law Oxford University Press 2009 para 1Further reading editWoltag J C Postliminium in Wolfrum R ed Max Planck Encyclopedia of Public International Law Oxford University Press 2009 Max Planck Encyclopedia of Public International Law External links editGrotius On the Law of War and Peace the Right of Postliminium nbsp This article related to international law is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Postliminium amp oldid 1179850269, wikipedia, wiki, book, books, library,
