Johnson, Acquisitive Prescription in International Law, 27 Brit. at 17. When used in the context of International law, the term ‘prescription’ refers to the acquisition of a nation or territory by another nation. Acquisitive prescription, though, does not require the 18 Id. The analogous principle in international law is acquisitive pre-scription. “In law prescription is of two kinds: it is either an instrument for the acquisition of property or an instrument of an exemption solely from the servitude of judicial process.” 1 Keywords Dispute Territory International Tribunal Arbitral Award International Lawyer Municipal Court 16, No. The international law of the acquisition of territory and the delimitation of international boundaries makes use of several rules de rived from Roman law. Craig Barker. What is acquisitive prescription? Acquisitive prescription is a mode of acquiring ownership by a possessor through the requisite lapse of time. The acquisition is by continuous and undisputed exercise of sonvereignity. 19 D.H.N. Y.B. It means that acquisitive prescription is a legal phenomena whereby a person becomes the owner of a thing (property) by way of prescription for as long as he was in possession as if he or she was the owner of that property for an uninterrupted period of 30 (thirty) years; int’l l. 332, 345, (1950). "Acquisitive prescription depends upon acquiescence, express or implied. Acquisitive prescription is either ordinary or extraordinary. Although it is sometimes said that the International Court would accept acquisitive prescription as a general principle of law, 113 what is the content of the general principle? What legal procedures need to … It is useless in practice and confusing in theory. “Acquisitive prescription” should be denied as a rule of international law governing the acquisition of territorial sovereignty. Two of those examples of argument from Roman law will be assessed: occupation of terra nullius(Section 4) and acquisitive prescription (Section 5). Acquisitive prescription (“prescription”), an original method of acquisition of ownership, is regulated by two prescription acts. 25-58, 2005 Posted: 29 Feb 2008 effectivités Source: Encyclopaedic Dictionary of International Law Author(s): John P. GrantJohn P. Grant, J. Craig BarkerJ. 1, pp. Acquiescence is often implied, in the interests of international order, in cases where it does not genuinely exist, but without knowledge there can be no acquiescence at all." [1] The Supreme Court (SC) explained it clearly in Arzadon-Crisologo v. Rañon[2], to wit: It is concerned with lapse of time in the manner and under conditions laid down by law, 20 Ramos-Mrosovsky, supra note 3, at 906. Ordinary acquisitive prescription requires possession in good faith and with just title for ten years. 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